[2025:RJ-JD:23604]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3401/2025 Shailendra S/o Bhanwar Lal, Aged About 30 Years, R/o Pratap Colony, Pipliya Mandi, P.s. Pipliya Mandi, Dist. Mandsaur, Mp (Lodged In Sub Jail, Nimbaheda, Dist. Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Sameer Pareek, PP HON'BLE DR. JUSTICE NUPUR BHATI

Order

15/05/2025

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 189(2), 190, 191(2), 126(2), 324(4), 324(5), 352 AND 333 of BNS and under 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 04.03.2025. 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. He also submits that the similarly situated co-accused Kishan @ Sunny has been enlarged on bail by this Court vide order dated 12.05.2025 passed in SBCRLMB No.4918/2025 and case of the present petitioner is at better footing than the case of the co- accused Kishan @ Sunny and 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 and also the fact that the similarly situated co-accused Kishan @

Sunny has been enlarged on bail by this Court.

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 looking to the fact that the co-accused Kishan @ Sunny has been enlarged on bail 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 Shailendra S/o Bhanwar Lal, 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