SALEEM KALBELIYA S/O AMARLAL v. STATE OF RAJASTHAN
CRLMB/12163/2025 · 2025-10-07
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37666 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37666 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12163/2025 Saleem Kalbeliya S/o Amarlal, R/o Kalbailiya Basti Thane Ke Samne, Kawai, Police Station Kawai, District Baran At Present Khairai Ki Beed, Jolpa Road, Sangod, Kota. (At Present Confined In Sub Jail, Sangod, District Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Lakhan Singh Tomar. For Respondent(s) : Mr. Manvendra Singh Choudhary,PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 07/10/2025
1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Saleem Kalbeliya S/o Amarlal seeking bail in respect of a criminal case registered as FIR No. 125/2024 dated 29.04.2024 registered at P.S. Sangod District -Kota for the offence under Sections 341, 323, 34, 382 of IPC.
2. Instant second bail application is preferred by petitioner accused Saleem Kalbeliya on the ground that after filing of charge-sheet three witnesses were examined after filing of charge-sheet. He further submitted that out of five cases registered against present petitioner, he is released on bail in remaining cases by the trial court itself. He further submitted that this Hon’ble Court has already granted bail to a person who is having four cases against him and he placed reliance
(2 of 3) [CRLMB-12163/2025] upon order dated 09.09.2025 in bail application no. 9424/2025 Dharamveer Singh @ Rahul @ Bhura Vs. State of Rajasthan
3. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.
4. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.
5. First bail application was dismissed on 11.08.2025 as this petitioner is charged for offence under Sections 394, 323, 341 and 34 of IPC. As per criminal antecedents six criminal cases were registered against present petitioner who is in custody after his arrest on 29.12.2024. Three witnesses were examined so far after dismissal of first bail application. PW-3 Naveen is complainant and we have considered his cross-examination as referred by learned counsel for petitioner.
6. Present petitioner was granted bail by learned Additional Sessions Judge, Ramganj Mandi on 10.12.2024 when two more criminal cases were registered against him. Present petitioner was granted by learned Sessions Judge, Kota on 08.10.2024 when no criminal case was reported against the petitioner accused. Present petitioner was granted bail by
order of learned Additional Sessions Judge no.6, Kota on
19.11.2024. This Court has granted bail to some of the accused on 09.09.2025 in relation to FIR no. 82/2025 dated 04.06.2025 registered at P.S. SMS Hospital, Jaipur (East)
(3 of 3) [CRLMB-12163/2025]
7. As per police report six criminal cases were registered against present petitioner which includes current case at P.S. Sangod. It is apparent on record that remaining five cases were registered only in the year 2024 and same were of identical nature. After being released on bail by trial court when there was no case or when there were two cases the petitioner accused has violated the condition and indulged in criminal activity, therefore, this is not a good case to release petitioner accused on bail as there are all chances of repeated crime by the petitioner.
8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail.
9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage.
10. Accordingly, the second application for bail filed under Section 483 of BNSS preferred by Saleem Kalbeliya S/o Amarlal is hereby dismissed.
(ASHOK KUMAR JAIN),J Chetna/3