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2025 DAILYLAW 42282 (RAJ)

DHARMENDRA @ BABLU S/O VEDPRAKASH v. STATE OF RAJASTHAN

CRLMB/13611/2025 · 2025-10-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42674] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13611/2025 1. Dharmendra @ Bablu S/o Vedprakash, Aged About 44 Years, R/o Ho. No. F-190, Pachhaya Mohalla, Chhawla, District South West, Delhi. (At Present Confined In District Jail Kota) 2. Narendra @ Deepak S/o Jagpriya, Aged About 31 Years, R/o Ho. No. 128, Tajpur Khurd, Police Station Chhawla, District South West Delhi. (At Present Confined In District Jail Kota). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat, Adv. Mr. Anubhav Gupta, Adv. For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 17/10/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.158/2025 registered at Police Station Kanwas, District Kota (Rural) for the offences punishable under Sections 19 and 54 of Rajasthan Excise Act, 1950. 2. It is submitted that the allegation against the petition- ers is under Section 19/54 of Excise Act and recovery of liquor has been shown to be made from the petitioners. It is submitted that the petitioners are driver and conductor of the truck and they do not own the goods loaded on the truck. There are no criminal [2025:RJ-JP:42674] (2 of 3) [CRLMB-13611/2025] antecedents against the petitioners with regard to Excise Act, however, against accused Narendra one past incident of the year 2014 under Sections 279 and 337 IPC has been shown. It is sub- mitted that both the petitioners are behind the bar since 01.09.2025. No further recovery is to be effected from them, hence, they are no longer required for custodial interrogation. Trial is likely to take considerably long time. Therefore, request has been made to grant bail to the petitioner. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In the light of the fact that recovery of liquor has already been made and thereafter, in view of the fact that the petitioners are under custody since 01.09.2025, by this time, the investigation must have been completed against the petitioners and no criminal antecedents under Excise Act has been shown against the petitioners, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioners Dharmendra @ Bablu S/o Vedprakash and Narendra @ Deepak S/o Jagpriya shall be released on bail in pursuance of FIR No. 158/2025 registered at Police Station Kanwas, District Kota (Rural) on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as [2025:RJ-JP:42674] (3 of 3) [CRLMB-13611/2025] under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. (ANAND SHARMA),J Jatin /268