Anticipatory bail may be granted when custodial investigation is not necessary and the accused are willing to cooperate with the investigation.

Order :

1. Apprehending their arrest in connection with FIR No.172/2024 registered at Police Station Kaithwara, District Deeg for the offence(s) under Sections 111(2)(a), 303(2), 317(2), 319(2), 318(4), 338, 336(3), 340(2), 308(2) and 61(2)(a) of B.N.S. and Sections 66D and 66E of IT Act, the petitioners have preferred these anticipatory bail applications under Section 482 B.N.S.S.

2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that the petitioners have been named by other co-accused, who have already been enlarged on regular bail by this Court vide order dated 20.12.2024. It is also contended that the matter is exclusively triable by Magistrate and the trial/investigation of the case may take considerable time. It is also contended that custodial investigation of the petitioners is not required and they are ready and willing to co-operate with the investigation, therefore, the anticipatory bail applications of the petitioners may be allowed.

3. Learned Public Prosecutor vehemently opposes these anticipatory bail applications.

4. Heard and perused the material available on record.

5. Considering the fact that the mobile phones, ATM cards etc. were recovered from the possession of other co-accused, who have already been enlarged on bail and custodial investigation of the petitioners is not required, without commenting anything on the merits of the case, I deem it just and proper to allow these anticipatory bail applications of the petitioners.

6. Accordingly, these anticipatory bail applications under Section 482 B.N.S.S. are allowed and it is ordered that in the event of arrest of the petitioners namely- 1. Hafeez S/o Hajar Khan 2. Salim S/o Tahir, in connection with FIR No. 172/2024 registered at Police Station Kaithwara, District Deeg, shall be released on bail, provided both of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and (iii) that the petitioners shall not leave India without previous permission of the court.