Order

1. Apprehending their arrest in connection with FIR No.314/2024, registered at Police Station Malarna Doongar, District Sawai Madhopur, for the offences under Sections 191(2), 190, 121(1), 132, 109(1) of BNS and Section 3 of P.D.P.P. Act, the accused-petitioners have preferred this criminal miscellaneous bail application under Section 482 of B.N.S.S.

2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is contended that their names were disclosed by the other co-accused and apart from that there is no other substantive evidence against the petitioners to substantiate the fact that the petitioners were involved in illegal mining. 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, their anticipatory bail application may be allowed.

3. Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application and contended that the petitioners were involved in illegal mining, therefore, considering the nature of offence, their anticipatory bail application may be dismissed.

4. Heard and perused the material available on the record.

5. Considering the fact that the petitioners named were disclosed by the other co-accused and apart from that there is no substantive evidence available on record, therefore, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused-petitioners.

6. Accordingly, the anticipatory bail application under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioners namely;

1. Rajesh Kumar S/o Muniram, 2. Lokesh S/o Sitaram and 3. Dilraj @ Golu S/o Banwari Lal,

in connection with FIR No.314/2024, registered at Police Station Malarna Doongar, District Sawai Madhopur, they shall be released on bail, provided both of the 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.

(iv) that the petitioners would submit their Mobile phones and Sim Cards before the concerned Investigating Officer.

(v) that the petitioners would submit their contact details along with the present addresses to the concerned Investigating Officer. In case if the petitioners changes their addresses or mobile numbers, they shall submit the same before the concerned Investigating Officer.