[2025:RJ-JP:23155] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3549/2025 Rajesh Yogi S/o Shri Laddu Lal Yogi, Aged About 40 Years, R/o Bhadoti, Tehsil- Malarna Dungar, Police Station Malarna Dungar, District Sawaimadhopur (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Tapesh Agrawal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/06/2025 1. This instant application under Section 482 of BNSS is filed by the petitioner-applicant-Rajesh Yogi S/o Shri Laddu Lal Yogi for seeking anticipatory bail in event of arrest in connection with FIR No. 40/2025 dated 20.02.2025 registered at P.S. Malarna Dungar District Sawai Madhopur for alleged offence under Sections 303(2) of BNS and 4 & 21 of Mines and Mineral (Development And Regulation) Act, 1957. 2. Learned counsel for the applicant submits that the applicant has falsely implicated in a concocted criminal case. He also submitted that the applicant may be arrested due to ulterior motive and to fulfill personal vendetta of complainant though there is no evidence against the petitioner-applicant. He further submitted that the petitioner is a law abiding citizen having no previous [2025:RJ-JP:23155] (2 of 3) [CRLMB-3549/2025] criminal antecedents, but he assure full cooperation with Investigating Agency. 3. Learned counsel for the petitioner submitted that this petitioner accused has already deposited Rs.4,70,000/- as compounding fee along with cost of mineral and NGT charges and a copy of receipt is filed on record. He further submitted that there is no criminal antecedents against the petitioner. 4. Learned Public Prosecutor has opposed the bail application and submitted that the allegations against the petitioner are grave and serious, therefore, at the stage of investigation, the petitioner- applicant, is required for investigation, hence, he is not entitled to grant anticipatory bail. 5. Heard learned counsel for the petitioner-applicant and learned Public Prosecutor. Perused the material available on record submitted by both the parties. 6. On basis of interception of dumper carrying "Bajri" (river sand) on 19.02.2025, this petitioner was arrayed as an accused as he is owner of dumper No.RJ05GB8315, though no criminal antecedents is reported against the petitioner but it appears that earlier this petitioner has not deposited the entire amount of penalty as per order dated 03.03.2025. Today, a receipt of Rs. 4,70,000/- is produced before this court and on earlier occasion Rs.50,000/- was deposited on 21.02.2025. The petitioner has only submitted receipt of deposition by way of challan but not the compounding order. The Hon'ble Supreme Court has already stayed illegal excavation and transportation of river-sand from river bed and the petitioner is found guilty of violating the order by excavating and transporting the sand in his own dumper. Therefore, looking to [2025:RJ-JP:23155] (3 of 3) [CRLMB-3549/2025] charge and possible custodial interrogation, I am of considered view that this is not a fit case wherein indulgence of bail can be granted to the petitioner. 7. In view of discussion made hereinabove, the bail application under Section 482 of BNSS is hereby dismissed. (ASHOK KUMAR JAIN),J Anu /260