VISHAL BIDAWAT S/O SHRI KAMAL BIDAWAT v. THE STATE OF RAJASTHAN
CRLMB/13076/2025 · 2025-10-10
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41005 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41005 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:41312] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13076/2025 Vishal Bidawat S/o Shri Kamal Bidawat, Aged About 25 Years, R/o Plot No. 44, Gautam Nagar, Khora Bisal, Jaipur (Raj.) ----Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Rajveer Singh Gurjar, Adv. For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Mr. Gaurav Gupta, AGA, Mr. Anirudh Singh HON’BLE MR. JUSTICE SAMEER JAIN
Order 10/10/2025
1. The present bail application has been filed under Section 482 of BNSS in connection with FIR No. 12/2025-26 registered at Police Station Excise Inspector, Circle District Chomu for the offence(s) under Section 19/54 of Rajasthan Excise Act.
2. At the outset, learned counsel for the applicant has submitted that the present bail application is maintainable, as the provisions of Section 49(2) of the Excise Act, which impose a bar on entertaining anticipatory bail applications under Section 482 of BNSS, provide an exception to Section 54-A of Excise Act.
3.
Learned counsel submits that the main accused, Raju Yadav from whose vehicle recovery is made, has been granted bail by a Coordinate Bench of this Court. It is further submitted that the vehicle, bearing registration number 14UK9958 is also confiscated as per provisions of Section 54-A of the Excise Act. It is submitted
[2025:RJ-JP:41312] (2 of 3) [CRLMB-13076/2025] that the applicant is a young man with no criminal antecedents registered against him. It is further submitted that the applicant, being the foster son of a co-accused, has been falsely implicated in the case.
4. Per contra, learned Public Prosecutor has opposed the bail application.
5. Considering the contentions put-forth by the counsel for the parties, and taking note of the fact that the applicant is a young man with no criminal antecedents registered against him, and looking to the overall facts and circumstances of the case and material on record, this Court is inclined to allow the anticipatory bail application subject to a condition that applicant shall join the investigation and appear before the Investigating Officer concerned on 27.10.2025.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Excise Inspector, Circle District Chomu in F.I.R. No. 12/2025-26 is directed that in the event of arrest of the accused-applicant Vishal Bidawat S/o Shri Kamal Bidawat he shall be released on bail, provided he/she furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; and if the applicant fails to join and render due cooperation in the investigation or does not mark appearance before the concerned authority, as directed hereinabove, the present
[2025:RJ-JP:41312] (3 of 3) [CRLMB-13076/2025]
order allowing anticipatory bail to the applicant shall cease to operate; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicant shall not leave India without previous permission of the court.
(SAMEER JAIN),J CHANDAN /165