AI Structured Summary
Not yet generated for this judgment
Judgment
Rajesh Kumar Gupta, J
This is first application filed under Section 483 of BNSS for grant of bail relating to Crime No. 5/2026 registered at P.S RPF Post Gwalior District -Gwalior M.P.) for the offence under Section 3 RP (UP) Act.
According to the prosecution, the allegation against the applicant is theft of railway line and carried it by cutting the railway line into pieces into a Eco-Car and selling of railway line pieces to a ragman (Kabadi).
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Present applicant is implicated in the act of theft of railway line. Two pieces of railway line measuring 2.5 ft. have been seized from the possession of the applicant by RPF. Co-accused Shyam alias Bhoori Rathore has already been enlarged on bail by Second ASJ, Gwalior, vide order 26.02.2026 in Bail Application No. 465/2026. The applicant is in custody since 19.02.2026. Investigation is almost over and charge-sheet is likely to be filed soon. Case is triable by JMFC. The applicant is permanent resident of District Bhind (M.P.) and there is no possibility of his absconding or tempering with prosecution case. Under these grounds, he prays for grant of bail to the applicant.
Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its dismissal by submitting that there is one previous criminal antecedent under section 150 of the Railways Act against the applicant.
Heard learned counsel for the rival parties and perused the case diary available on record.
Considering the above submissions advanced by the counsel for the parties and facts and circumstances of the case and without expressing any opinion on the merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involving in offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
v) The applicant will not seek unnecessary adjournments during the trial; and
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
