[2025:RJ-JD:22681]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4918/2025 Kishan Alias Sunny S/o Raj Kumar, Aged About 28 Years, R/o Indra Colony, Nimbahera, Dist. Chittorgarh, Rajasthan.

(Presently Lodged At Sub Jail, Nimbahera)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Zafar Khan.

For Respondent(s) : Mr. P.S. Panwar, P.P.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

12/05/2025

1. Heard learned counsel for the parties as well as perused the material available on record.

2. The instant application for bail has been filed under Section 483 BNSS on behalf of the petitioner, who is in custody in relation to F.I.R. No.60/2025 dated 28.02.2025, registered at Police Station Nimbahera Sadar District Chittorgarh for the offence under Section 111 (1), 112, 189 (2), 190, 191 (2), 126 (2), 324 (4), 352, 333 of the BNS and Section 3 of the Prevention of Damage to Public Property Act, 1984.

3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case while alleging that a van arrived at the toll booth, Dhinwa, Nimbahera. Upon approaching the toll collector (T.C.), the accused persons in the van began abusing him. The T.C. called the supervisor, and a phone conversation was facilitated with Sonu from Nimbahera, who also used abusive language over the phone and threatened that he was on his way to the toll plaza. Shortly after, around 15–20 individuals armed with sticks, swords, and iron rods arrived and began vandalizing the toll booth. The staff fled the scene to save their lives. The complainant further stated that the toll plaza is operated under contract with RSRDC and is a government property. Learned counsel for the petitioner submits that the recovery of sticks, iron rods and swords has not been effected from the petitioner and a Car has been recovered from the petitioner. He further submits that charge-sheet has been filed and the petitioner is incarceration since 03.04.2025. He also submits that in the statement of Bhupender Singh, who is employee at the Toll Plaza, in his statement under Section 161, has not attributed any injury to the present petitioner. He submits that the recovery of Stick has been effected from the accused Pawan @ Paru, thus the petitioner deserves to be enlarged on bail.

4. Per contra, learned Public Prosecutor opposes the bail application, however, is not in a position to refute the submissions that the recovery of sticks, swords and iron rods, from which the damage has been caused to the Toll Plaza, has not been made from the present petitioner and the charge-sheet has been filed.

5. Considering the arguments advanced by the learned counsel for the petitioner and the learned Public Prosecutor, no useful purpose would be served by keeping the present petitioner behind the bars for further period till disposal of the case and also looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioner on bail.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Kishan Alias Sunny S/o Raj Kumar, in relation to the F.I.R. No.60/2025 dated 28.02.2025, registered at Police Station Nimbahera Sadar District Chittorgarh shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.

(DR. NUPUR BHATI),J

172-pradeep/-