Rajasthan High Court – Jodhpur
Prakash Jani vs State Of Rajasthan (2025:Rj-Jd:28220) on 1 July, 2025
[2025:RJ-JD:28220]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6748/2025
Prakash Jani S/o Varinga Ram, Aged About 36 Years, R/o Jyaniyo
Ki Dhani, Chitalwana, PS Chitalwana, District Jalor.
(At Present Lodged In District Jail Balotra)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. RJ Punia
For Respondent(s) : Mr. Lalit Kishore Sen, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
01/07/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.159/2023 registered at Police Station
Sindhari, District Balotra for offences under Sections 19/54,
14/57, 54(a) & 54(d) of the Rajasthan Excise Act and under
Sections 420, 467, 468, 471 & 120B of the IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in this case only on the basis
of disclosure statement made by the co-accused. Learned counsel
further submitted that the accused Rajuram has already been
enlarged on bail by the co-ordinate Bench of this Court vide order
dated 11/09/2023 passed in S.B. Criminal Miscellaneous Bail
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[2025:RJ-JD:28220] (2 of 3) [CRLMB-6748/2025]
Application No. 10900/2023. Learned counsel for the petitioner
submitted that offences alleged to have been committed by the
petitioner are triable by Court of Magistrate. Learned counsel
submitted that the petitioner is in judicial custody since
19.05.2025 and the trial of the case will take sufficiently long
time, therefore, the benefit of bail may be granted to the accused-
petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application stating that 14 cases are pending
against the petitioner and huge quantity of illicit liquor has been
recovered from the petitioner.
Having considered the rival submissions, facts and
circumstances of the case; considering that the co-accused has
already been enlarged on bail by a co-ordinate Bench of this court
and that the trial of the case will take sufficiently long time,
therefore, without expressing any opinion on merits/demerits of
the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Prakash Jani S/o Varinga Ram, arrested in connection with
F.I.R. No.159/2023 registered at Police Station Sindhari District
Balotra 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.
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However, the petitioner is directed to appear before the
concerned Police Station in the first week of every month, failing
which the learned Public Prosecutor shall be free to file a bail
cancellation application.
(MUKESH RAJPUROHIT),J
169-JatinS/-
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