[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Babu Lal vs State Of Rajasthan (2026:Rj-Jd:6152) on 3 February, 2026
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
[2026:RJ-JD:6152]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1532/2026
Babu Lal S/o Shri Kegaram, Aged About 37 Years, R/o Bharla,
Police Station Nana, Tehsil Bali, Dist Pali (Raj) (Presently Lodged
At Sub Jail, Bali)
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Prashant Bhatt
Mr. Ishwar Singh
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
03/02/2026
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
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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matters were subsequently withdrawn by the State Government.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
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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.
(ASHUTOSH KUMAR),J
143-GKaviya/-
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