Rajasthan High Court – Jodhpur
Kalu Ram vs State Of Rajasthan (2025:Rj-Jd:32840) on 25 July, 2025
[2025:RJ-JD:32840]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7995/2025
Kalu Ram S/o Shri Bhera Ram, Aged About 50 Years, R/o Lines
Nagar, Khejarli, Police Station Luni, Jodhpur.
(At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Ramniwas Bishnoi
For Respondent(s) : Mr. Hathi Singh Jodha, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
25/07/2025
The instant application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.125/2025, registered at
Police Station Luni, District Jodhpur City West for the offences
under Sections 303(2), 111(3), 111(5) of the BNS and Section
4/21 of the MMDR Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case. It is contended by learned
counsel for the petitioner that at the field/property belong to the
petitioner, 640 ton sand stone (Bajari) was recovered. He further
submits that in case there is an offence with regard to over stock
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[2025:RJ-JD:32840] (2 of 3) [CRLMB-7995/2025]
of the sand stone (Bajari) then there is a provision of penalty of
Rs.5,00,000/- under the MMDR Act. As per the penalty clause of
the MMDR Act, the petitioner can at the best be directed to
deposit the penalty amount.
Learned counsel for the petitioner submits that the bail
application filed by the petitioner was rejected by the learned Trial
Court only on the basis of 33 previous criminal cases registered
against him. In respect of pending cases, learned counsel for the
petitioner submits that except one case (registered in 2016 for the
offence under Section 420, 467, 468, 471, 120-B & 379 of the
IPC), the all other cases are prior to 2011.
Learned counsel for the petitioner submits that the petitioner
is in judicial custody since 21.06.2025 and the investigation of the
case will take significant time due to the reason that other
accused persons are yet to be arrested, therefore, the benefit of
bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submits that looking to the
previous criminal antecedents of the petitioner, benefit of bail
should not be granted to the petitioner.
Section 21 of the Mines And Mineral (Development
Regulation) Act, 1957 deals with the penalties which reads as
under:-
“21. Penalties.―2[(1) Whoever contravenes the
provisions of sub-section (1) or sub-section (1A)
of section 4 shall be punishable with imprisonment
for a term which may extend to five years and
with fine which may extend to five lakh rupees per
hectare of the area.”
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Having considered the rival submissions, facts and
circumstances of the case, 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 of Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Kalu Ram S/o Shri Bhera Ram, arrested in
connection with F.I.R. No.125/2025, registered at Police Station
Luni, District Jodhpur City West, 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.
(MUKESH RAJPUROHIT),J
151-Ramesh/-
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