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[2025:RJ-JP:9478] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1032/2025 Abdulhaq S/o Khalil, Aged About 45 Years, R/o Chahalpura Sarmathura Police Station Sarmathura District Dholpur. (At Present Confined In Judicial Custody In District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sachin Kumar Mittal For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 04/03/2025
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.63/2024 registered at Police Station Sarmathura, District Dholpur (Raj.) for the offence punishable under Section 19/54 of Rajasthan Excise Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that petitioner was not apprehended at the spot. It is submitted that alleged offence is triable by Magistrate. There are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 08.01.2025 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner.
4. I have considered the contentions.
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5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, so also the fact that alleged offence is triable by Magistrate; absence of criminal antecedents; trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Abdulhaq S/o Khalil, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail. If breach of this condition is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court.
8. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /100