[2025:RJ-JP:6968] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10522/2024 Bhupendra Singh @ Raju S/o Shri Sharwan Singh, Aged About 24 Years, R/o Near Government School Pethda, Post Mandawar, Tehsil Bheem, Police Station Devgarh, District Rajsamand (Rajasthan). (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15322/2024 Sandeep Gupta @ Sandy S/o Shri Vijendra Gupta, Aged About 41 Years, R/o E-1362, Celebrity Homes, Police Station, Palan Vihar, District Gurugram, Haryana, At Present Lodged In The Central Jail, Jaipur. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Dr. Mahesh Sharma Mr. Ashvin Garg Mr. Nonit Hatila For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Sanjay Gangwar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/02/2025 These bail applications under Sections 483 BNSS have been filed on behalf of the petitioners herein who have been arrested in connection with FIR No.05/2024 PS Special Police Station (SOG), Jaipur District ATS & SOJ for offences under Sections 285, 379, [2025:RJ-JP:6968] (2 of 3) [CRLMB-10522/2024] 411, 440, 120B IPC, Section 15(1), 15(2), 15(3), 15(4), 16 of Petroleum & Mineral Pipeline Act, 1962, Section 3/4 of Explosives Substances Act, 1984 and Section 7 of Essential Commodity Act. Learned counsel for the accused petitioners submit that the accused petitioners have falsely been implicated in this case. Learned counsel representing the accused petitioners submits that the petitioners are neither named in the FIR nor there was any witness seeing the accused petitioners committing the alleged crime. Both are in custody since their dates of arrest and nothing is to be recovered at their instances. The petitioner Bhupendra was an ex-employee of the petrolpump. He does not have any criminal antecedents. Investigation has been completed and charge sheet has been filed whereas trial will take long time in its conclusion. Per contra, learned Public Prosecutor as well as learned counsel for the IOCL oppose the bail applications. It is contended that petitioner Sandeep Gupta is a habitual offender as eighteen other cases of similar nature have been registered against him in Rajasthan and Haryana. It is also contended that both petitioners along with other accused persons were involved in inserting pipeline in the pipeline of IOCL for illegally extracting crude oil for the purpose of stealing 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 [2025:RJ-JP:6968] (3 of 3) [CRLMB-10522/2024] 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. After hearing learned counsel for the petitioners and learned Public Prosecutor; considering the totality of the facts and circumstances of the case; applicability of rigour of Section 16C, criminal antecedents of the accused petitioner Sandeep Singh 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 petitioners on bail. Accordingly, the bail applications are dismissed. The observation made hereinabove is only for decision of these bail applications and will not impact trial in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /752