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2025 DAILYLAW 35363 (RAJ)

VIKRAM KALBELIYA S/O LIMBARAM KALBELIYA v. STATE OF RAJASTHAN

CRLMB/16367/2024 · 2025-01-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:999] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16367/2024 Vikram Kalbeliya S/o Limbaram Kalbeliya, Aged About 30 Years, R/o Kalbeliya Basti Baggar, Tehsil Vallabhnagar, P.S. Kheroda, Dist. Udaypur (Raj.) (At Present Confined In District Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with C.R. No.3/2024 registered at RPF Post Dungarpur, for the offences punishable under Section 3 of Railway Property (Unlawful Possession) Act and Section 147 of the Railways Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. It is further submitted that petitioner is in custody since 25.11.2024. Charge-sheet has been filed, trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:999] (2 of 3) [CRLMB-16367/2024] 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is habitual offender as 12 other cases have been registered against him. Thus, bail should not be granted to the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that alleged offences are triable by Magistrate; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Vikram Kalbeliya S/o Limbaram Kalbeliya, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in the first week of every month, till trial [2025:RJ-JP:999] (3 of 3) [CRLMB-16367/2024] is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioner by this Court. (ANIL KUMAR UPMAN), J CHARU SONI /380