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2025 DAILYLAW 45905 (RAJ)

YAKUB @ KITANU S/O SHRI SULTAN v. STATE OF RAJASTHAN

CRLMB/11468/2025 · 2025-09-11

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:37221] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11468/2025 Yakub @ Kitanu S/o Shri Sultan, Aged About 20 Years, R/o Myauwali Dhani Amai, Police Station Kotputli, District Kotputli- Behror (Raj.) (At Present District Jail Kotputli, District Kotputli- Behror). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Lokesh Kumar Verma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Yakub @ Kitanu S/o Shri Sultan seeking bail in respect of a criminal case registered as FIR No.372/2025 dated 26.07.2025 registered at P.S. Kotputli, District – Kotputli, Behror, for the offence under Sections 19/54 of Excise Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:37221] (2 of 3) [CRLMB-11468/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that 48 quarter of ghunghuru brand country made liquor is recovered from possession of present petitioner and he was arrested on 26.07.2025. He further submitted that grandfather of petitioner has expired and he needs bail to attend rituals. He further submitted that cases shown against the petitioner were registered prior to year 2014. He further submitted that any condition be imposed upon him for release of petitioner. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of information, petitioner was intercepted during patrolling by police and petitioner was found with 48 quarter of country made liquor and a case under Section 19/54 of Excise Act is registered and petitioner is arrested on 26.07.2025 and since then he is in custody. The material on record indicated that 22 criminal cases were registered against the petitioner and out of which, two have resulted into conviction. There is no detail about remaining 20 cases but considering the background of petitioner, it is not a fit case to enlarge petitioner on bail. [2025:RJ-JP:37221] (3 of 3) [CRLMB-11468/2025] 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Yakub @ Kitanu S/o Shri Sultan is hereby dismissed. The trial court is directed to expedite the trial. (ASHOK KUMAR JAIN),J PREETI VALECHA /180