Puran Mal S/O Shri Nathuram Vs the State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 11147/2025

Puran Mal S/o Shri Nathuram, Aged About 40 Years, R/o Chodd Ki Dhani, Ghatwari, Police Station Raisar, District Jaipur. (Presently Languishing In District Jail, Jaipur).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Jai Kishan Yogi For Respondent(s) : Ms. Arti Sharma, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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18/09/2025

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The present bail application under Section 483 of BNSS is filed by the applicant-accused Puran Mal S/o Shri Nathuram seeking bail in respect of a criminal case registered as FIR No.25/2024-25 dated 29.08.2024 registered at E.P.F., Shahpura, District – Jaipur Rural, for the offence under Section 16/54 of Rajasthan Excise Act.

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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

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applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

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Learned counsel for applicant submits that on basis of alleged recovery of two jerrycans from abandoned place and present applicant-accused is named as the possession holder of countrymade liquor found in said two jerrycans on 29.08.2024. He also submits that the recovered quantity is 55 ltr. and there is no report on record to show that recovered liquid is liquor. He further submits that there are some criminal cases registered against the applicantaccused, who was arrested on 04.07.2025.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station.

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Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

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On 29.08.2024, the Excise Prevention Officer of EPF has recovered two jerrycans of illicit liquor in abandoned condition and on enquiry, he came to know that it belongs to present applicant-accused Puran Mal. The total recovery is of 55 ltr. countrymade liquor. After registering a case under Section 16/54 of Rajasthan Excise Act, present applicantaccused is arrested on 04.07.2025 and since then he is in custody.

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We have considered the provision of Section 49(3) of Rajasthan Excise Act and herein, the matter is at preliminary

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stage. There is no report on record to show that recovered liquid is illicit liquor, and accused was not present at the time of recovery, therefore, this is a fit case wherein indulgence of bail can be granted.

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Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicantaccused.

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Thus, the instant bail application filed on behalf of applicants-accused Puran Mal S/o Shri Nathuram, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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(iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled.

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