Bail may be granted when the offence is triable by a Judicial Magistrate and the trial is expected to take a long time, considering the period of custody.

Order

1. The present bail application has been filed by the accused-applicant under Section 483 of the B.N.S.S., 2023 against the order dated 16.01.2026 passed by learned Additional District and Sessions Judge, Bali, District Pali in Bail Application No.04/2026 arising out of FIR No.59/2025-26, registered at Police Station Bali, District Pali for the offences punishable under Section 16/54 of the Rajasthan Excise Act, 1950 by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed.

2. Learned counsel for the accused-applicant submits that the accused-applicant has been falsely implicated in the present case. Learned counsel further submits that the accused-applicant was arrested on 12.01.2026 and allegations under Section 16/54 of the Rajasthan Excise Act, 1950 has been levelled against him. It is further submitted that two other cases of similar nature were earlier registered against the accused-applicant; however, both matters were subsequently withdrawn by the State Government.

3. Learned counsel for the accused-applicant contends that the accused-applicant has been in judicial custody since 12.01.2026. Learned counsel further contends that the offence alleged is triable by the Court of Judicial Magistrate and the trial is likely to take a considerable time to conclude. Therefore, it is prayed that the accused-applicant be extended the benefit of bail.

4. Learned Public Prosecutor vehemently opposes the present bail application and submits that 55 litres of illicit liquor has been recovered from the possession of the accused-applicant; hence, the accused-applicant does not deserve to be enlarged on bail.

5. Heard learned counsel for the parties and also perused the material available on record.

6. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; the fact that the charges levelled against the accused-applicant are triable by Judicial Magistrate; that the trial will take long time to conclude, without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.

7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Babu Lal S/o Shri Kegaram, arrested in connection with FIR No.59/2025-26, registered at Police Station Bali, District Pali shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.