[2025:RJ-JP:455] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4228/2024 Lokesh S/o Bharat Lal, Aged About 35 Years, R/o Bahnoli, Police Station Bonli, District Sawai Madhopur (Rajasthan). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6372/2024 Forulal S/o Sharvan Lal, Aged About 37 Years, R/o Bahnoli, P.S. Bonli, District Sawai Madhopur. ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal, Adv., and Mr. Pradeep Kumar Sharma, Adv. For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 1. These pre-arrest bail applications have been filed under Section 482 BNSS on behalf of the petitioners, who are having apprehension of their arrest in FIR No.18/2024 registered at Police Station Bonli, District Sawai Madhopur for the offences under Sections 379, 120-B of IPC and Sections 4/21 of MMDR Act. 2. Learned counsel for the petitioners submit that the petitioners have falsely been implicated in this case. Learned counsel submit that the petitioners have already joined the [2025:RJ-JP:455] (2 of 3) [CRLMB-4228/2024] investigation as directed by co-ordinate Bench of this Court. They contend that as per the prosecution case, in pursuance of a campaign of the State Government for prevention on illegal mining and storage of bazri (sand), the patwari concerned and the police team found 2000 tons of bazri, stored at pasture land (Khasra No.1086) and Gair mumkin abadi 1087, Gram Bahnoli main road. They submit that the place from where, sand (bazri) is allegedly stored, is not in possession of the petitioners. They further submit that FIR was registered in January, 2024 and at this later stage, custodial interrogation of the petitioners is not required in this matter. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioners. However, he fairly concedes that the petitioners have joined the investigation. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the counsel for the parties and especially the fact that alleged offences are triable by Magistrate for which maximum punishment is three years and the petitioners have already joined the investigation as directed by co-ordinate Bench of this Court, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these pre-arrest bail applications. 6. These anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Bonli, District Sawai Madhopur (Raj.) in FIR No.18/2024 is directed that in the event of [2025:RJ-JP:455] (3 of 3) [CRLMB-4228/2024] arrest of the petitioners – 1. Lokesh S/o Bharat Lal and 2. Forulal S/o Sharvan Lal, they shall be released on bail, provided each 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 their satisfaction 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 him 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. (ANIL KUMAR UPMAN),J MADAN/322-323