Yakub @ Kitanu S/O Sultan Vs State of Rajasthan

[2025:RJ-JP:44171]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 13802/2025

Yakub @ Kitanu S/o Sultan, Aged About 30 Years, R/o Myauwali Dhani Amai, Police Station Kotputli, District Kotputli-Behror (Raj.) (At Present District Jail Kotputli, District Kotputli-Behror).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Shubham Arora
	Mr. Lokesh Kumar Verma
For Respondent(s)	: Mr. Manvendra Singh Choudhary,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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03/11/2025

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The second bail application under Section 483 of BNSS is filed by the applicant-accused Yakub @ Kitanu S/o 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 Rajasthan Excise Act. The first bail application of petitioner was dismissed by this Court on 11.09.2025 and now charge-sheet has been filed.

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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. 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 petitioner submitted that total recovery from possession of present petitioner is 48 quarter of ghunghru brand country made liquor which is less than 9 bulk litres. He further submitted that bail application was dismissed on the ground that 22 criminal cases were registered against the petitioner. He further submitted that case record relating to 8 cases is available on e-court portal and same is downloaded and placed on record for perusal of Hon’ble Court. He further submitted that there is no one in the family of petitioner to inquire and update about outcome of registered cases. He also submitted that out of 22 cases, 20 cases were registered till 2014, whereas one case under Arms Act was registered in year 2022 and another case under RPGO registered in the year 2025. He further submitted all these cases were disposed of but he is not having any record of registered cases upto year 2014. He further submits that offence is triable by Magistrate First Class and trial will take time.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

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

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The first bail application of petitioner was dismissed on 11.09.2025. The petitioner is charged for possessing 48

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[CRLMB-13802/2025]

quarter of country made liquor and liquid in each of quarter is 180ml. The offence is triable by Magistrate and present petitioner is in custody since 26.07.2025. The total quantity is less than 9 bulk litres. Out of 22 cases, 20 cases were registered upto year 2014 and one in year 2022 and another in the year 2025. The disposal of 8 cases is placed on record but remaining are not available with learned counsel for petitioner and he is not aware about outcome of these cases. 7. 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 applicantaccused Yakub @ Kitanu S/o Sultan , is hereby allowed and the applicant-accused is 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 mark his attendance on every 1^st and 3^rd Monday of every month at P.S. Kotputli, Dist. Kotputli-Behror

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[2025:RJ-JP:44171]

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(iii) 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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(iv) 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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(v) 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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The Registry is directed to send a copy of this order to the Trial Court through E-mail.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /06

Yakub @ Kitanu S/O Sultan v. State of Rajasthan

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Yakub @ Kitanu S/O Sultan v. State of Rajasthan

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