The completion of investigation and absence of flight risk justify granting bail under the Rajasthan Excise Act.

Headnote:(A) Rajasthan Excise Act - Sections 19/54 - PDPP Act - Section 3 - Bail application under Section 483 BNSS for offences related to illicit liquor transportation - Accused alleged to have attempted to evade police during a blockade - Investigation completed with no recovery from the accused - Court inclined to grant bail without expressing opinion on merits. (Paras 1-6)

(B) Bail - Consideration for granting bail includes completion of investigation and absence of apprehension of influencing witnesses or fleeing from justice. (Paras 4-5)

Facts of the case:
The petitioner was arrested for transporting illicit liquor and allegedly fleeing from police. The investigation is complete, and no recovery is pending.

Findings of Court:
The court decided to grant bail, emphasizing that the findings are limited to this application.

Issues: The main issues were the completion of the investigation and the absence of risk of influencing witnesses.

Ratio Decidendi: The court held that completion of investigation and lack of risk justified the grant of bail.

Result: Bail application allowed.

ORDER :

KULDEEP MATHUR, J.

This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.467/2024 registered at Police Station Gulabpura, District Bhilwara for the offences under Sections 19/54 of Rajasthan Excise Act , Section 3 of PDPP Act and Section 109(1) of BNS. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

2. Learned counsel for the petitioner submitted that the allegation against the present petitioner is of transporting huge quantity of illicit liquor in a pickup vehicle bearing registration No.RJ21-GC-9881. Learned counsel submitted that further allegation against the present petitioner is that on the day of the alleged incident, he and co-accused Dinesh did not stop the vehicle on being signalled by the police party of P.S. Gulabpura, Dist. Bhilwara and tried to flee away from the place of occurrence by breaking the blockades and barricading conducted by the police.

3. Learned counsel for the petitioner has been falsely implicated in the present case; the investigation against him has already been completed; no recovery is due to be from the present petitioner and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the investigation against the petitioner has already been completed. Learned Public Prosecutor has also not shown any apprehension of the petitioner influencing the material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail.

5. Having considered the rival submissions, facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Deepchand S/o Ramniwas Jakhara arrested in connection with F.I.R. No.467/2024 registered at Police Station Gulabpura, District Bhilwara shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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