[2025:RJ-JP:38058] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6816/2025 Sohanram @ Sohan Lal Vishnoi S/o Bhiyaram, R/o Finch P.s. Luni, Distt. Jodhpur Presently R/o 132, Ravi Nagar, Pal Road, P.s. Chopasni Housing Board, Jodhpur. (Presently Confined In Central Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prince Pal Singh For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Manvendra Singh Choudhary, PP Mr. Sanjay Gangwar, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/09/2025 1. The instant bail application under Sections 483 BNSS has been filed on behalf of the petitioner who has been arrested in connection with FIR No.05/2024 PS Special Police Station (SOG), Jaipur District ATS & SOJ for offences under Sections 285, 379, 411, 440, 120B IPC, Sections 15(1) and 15(2) of Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, Sections 15(3), 15(4) and 16 of Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Amendment Act, 2011, Section 3, 4 of Explosives Substances Act, 1984 and Sections 3,4 of Prevention of Damage to Public Property Act, 1984. 2. Learned counsel for the accused petitioner submits that the accused petitioner has falsely been implicated in this case. Learned counsel representing the accused petitioner submits that [2025:RJ-JP:38058] (2 of 3) [CRLMB-6816/2025] the petitioner is simply a worker, filling petrol in the vehicles at the HPCL petrolpump, Barr, Beawar. He is not owner of the said petrolpump. He has been made accused in this case only on suspicion. He did not commit any theft of crude oil. The petitioner is in jail since 07.07.2024. Investigation has been completed and charge sheet has been filed whereas trial will take long time in its conclusion as there are 65 prosecution witnesses. 3. Per contra, learned Public Prosecutor as well as learned counsel for the IOCL oppose the bail applications. It is contended that petitioner along with other accused persons were involved in inserting pipeline in the pipeline of IOCL for illegally extracting crude oil for theft and thereby put the entire pipeline and nearby area at great risk as the petroleum products are highly inflammable. Section 16 C of the Petroleum Pipelines (Acquisition of Right of User in Land) Act, 1962 is also referred while opposing the bail application, which provides that no person accused of an offence punishable under sub-section (4) of Section 15 shall, if in custody, be released on bail on his own bond unless the Public Prosecutor has been given an opportunity to oppose the application for such release and where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable ground for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. They argue that since rigour of the aforesaid Section is applicable in the instant case, bail should not be granted to the accused petitioners. As per challan, two criminal cases under the NDPS Act have been registered against the petitioner. [2025:RJ-JP:38058] (3 of 3) [CRLMB-6816/2025] 4. After hearing arguments advanced by learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and considering the specific role attributed to the accused petitioner in the charge sheet; previous criminal antecedents of the petitioner as also looking to the seriousness of allegations and gravity of offences and the degree of high risk and danger involved in it, I am not inclined to enlarge the petitioner on bail. Accordingly, the bail application is dismissed. 5. The observation made herein is only for disposal of the instant bail application and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /80