Anticipatory bail granted when accused demonstrate willingness to cooperate with investigation and no necessity for custodial interrogation is established.

Order :

1. Apprehending their arrest in connection with FIR No. 164/2024 registered at Police Station Kaithwada, 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 BNS and Sections 66D and 66E of IT Act, the accused-petitioners have BNSS.

2. Learned counsel for the accused-petitioners submit that accused-petitioners have falsely been implicated in the case. He further submits that the accused-petitioners were involved solely on the disclosure statement of the other co-accused. The mobile phones, sim cards, cheques etc. were recovered from the other co-accused Jalish and Saddam. The accused-petitioners have not used the mobiles recovered from the other co-accused. It is further contended that the accused-petitioners are ready and willing to cooperate with the investigation and custodial interrogation of the accused-petitioners are not required, therefore, the, anticipatory bail applications of the accused-petitioners may be allowed.

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

4. Heard and perused the material available on record.

5. Considering the fact that the recovery of mobile phones and sim cards allegedly used for creating false ID's and obscene videos were effected from the other co-accused namely Saddam and Jalish. The accused-petitioners are ready and willing to cooperate with the investigation and custodial interrogation of the accused- petitioners are not required. Thus, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail applications of the accused-petitioners.

6. Accordingly, the anticipatory bail applications under Section 482 BNSS are allowed and it is ordered that in the event of arrest of the petitioners namely- 1. Sarif S/o Shermohammad @ Sheru, 2. Saddam S/o Vanshi and 3. Aakil S/o Innas in connection with FIR No. 164/2024 registered at Police Station Kaithwada, District Deeg, they shall be released on bail, provided each of them furnish 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.