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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
DEEPCHAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 completion of investigation and absence of flight risk justify granting bail under the Rajasthan Excise Act.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
The court emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
The court granted bail due to lack of evidence against the petitioner and the prior bail granted to co-accused, emphasizing the importance of these factors in bail considerations.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
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