The Court allowed the bail application of the accused in an Excise Act case, noting the offence is triable by a Magistrate and trial may take time. The petitioner was released on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
Released on bail on furnishing personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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[2025:RJ-JP:42825]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13485/2025
Babulal S/o Moolchand, Aged About 53 Years, R/o Medi Ka Bas, Police Station Bejupada, District Dausa. (At Present Accused Petitioner Confined In District Jail Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) : Mr. Vijay Singh Yadav, P.P. Mr. Tapesh Agarwal, P.P.
HON’BLE MR. JUSTICE BALJINDER SINGH SANDHU Order
17/10/2025
This bail application has been filed by the petitioner under Section 483 BNSS/439 Cr.P.C. seeking regular bail in FIR No.38/2025-2026 registered at Excise Police Station Mahwa, District Dausa for the offence(s) under Section(s) 16/54 of Rajasthan Excise Act.
Learned counsel for the petitioner submits that the accusedpetitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that allegation against the petitioner is that of recovery of 51 liters of hand-made liquor. Learned counsel also submits that offence(s) are triable by Magistrate and the accused-petitioner has been in judicial custody since 24.09.2025 and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
[2025:RJ-JP:42825]
[CRLMB-13485/2025]
(2 of 2)
Taking into consideration the overall facts and circumstances of the case and the fact that offence(s) are triable by Magistrate, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 483 BNSS/439 Cr.P.C. is allowed and it is ordered that accusedpetitioner Babulal S/o Moolchand shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(BALJINDER SINGH SANDHU),J
DANISH USMANI /626
1 issue framed by the court
Whether the petitioner is entitled to regular bail in an FIR registered under the Rajasthan Excise Act?
2 provisions across 2 enactments
Babulal S/o Moolchand
State Of Rajasthan
BALJINDER SINGH SANDHU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
