[2025:RJ-JP:3261] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1507/2024 1. Yogesh S/o Ramu, Aged About 30 Years, R/o Village Pahadi, Police Station Balghat, District Karauli, Rajasthan 2. Hemu S/o Ramu, Aged About 26 Years, R/o Village Pahadi, Police Station Balghat, District Karauli, Rajasthan ----Petitioners Versus 1. The State Of Rajasthan, Through Pp 2. Smt. Dharmo Devi W/o Shri Amar Singh, aged about 59 years, R/o Village Tumapura, Balghat, District Karauli, Rajasthan. ----Respondents Connected With S.B. Criminal Miscellaneous Bail Application No. 4534/2024 1. Uganti W/o Ramu, Aged About 68 Years, R/o Village Pahadi, Police Station Balghat, District Karauli, Rajasthan. 2. Badan Singh S/o Paheli, Aged About 60 Years, R/o Village Pahadi, Police Station Balghat, District Karauli, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Pp 2. Smt. Dharmo Devi W/o Shri Amar Singh, Aged About 59 Years, R/o Village Tumapura, Balghat, District Karauli, Rajasthan ----Respondents For Petitioner(s) : Mr. Mahendra Nahar Ms. Indra Sharma Ms. Megha Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/01/2025 [2025:RJ-JP:3261] (2 of 4) [CRLMB-1507/2024] 1. Apprehending their arrest in connection with FIR No. 416/2022 registered at Police Station Balghat, District Karauli for the offence(s) under Sections 420, 467, 471 and 120-B of IPC, the petitioners have preferred these anticipatory bail applications under Section 438 Cr.P.C. 2. Learned counsel for the accused-petitioners submit that petitioners have falsely been implicated in this case. It is argued that this court vide order dated 13.02.2024, petitioners Yogesh and Hemu and vide order dated 16.07.2024 petitioners Uganti and Badan Singh were protected and directed to appear before the investigating officer. It is contended that petitioners have appeared before the concerned investigating officer and no custodial investigation of the accused petitioners is required. Therefore, qua petitioners Hemu, Uganti and Badan Singh anticipatory bail applications may be allowed. It is further contended that the petitioner Yogesh also appeared before the investigating officer but in the factual report it has been stated that he does not appear, therefore a fresh report may be called from the concerned investigating officer regarding participation of the petitioner Yogesh in the investigation. 3. Learned Public Prosecutor vehemently opposes the bail application and produced the factual report. Same is taken on record. 4. Heard and perused the factual report dated 16.01.2025, as per the factual report petitioners Hemu, Uganti and Badan Singh have appeared before the concerned investigating officer and the investigating officer has recorded their interrogation note. In the factual report it is not stated that custodial investigation of present [2025:RJ-JP:3261] (3 of 4) [CRLMB-1507/2024] petitioners are required, therefore without expressing anything on merits / demerits of the case and looking to the fact that custodial investigation of the present petitioners are not required, I deem it just and proper to allow the anticipatory bail applications of the accused-petitioners Hemu, Uganti and Badan Singh. 6. Accordingly, these anticipatory bail applications under Section 438 Cr.P.C. are allowed and it is ordered that in the event of arrest of the petitioners- Hemu S/o Ramu, Uganti W/o Ramu, Badan Singh S/o Paheli, in connection with FIR No. 416/2022 registered at Police Station Balghat, District Karauli 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/- 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 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. The bail application of Yogesh S/o Ramu is kept pending with the direction to the learned Public Prosecutor to submit a fresh report whether the accused petitioner Yogesh has participated in the investigation or not. In the interest of justice, simultaneously, one more opportunity is provided to petitioner Yogesh to appear before the concerned investigating officer on or before 03.02.2025. [2025:RJ-JP:3261] (4 of 4) [CRLMB-1507/2024] Learned Public Prosecutor shall submit a specific report, whether the petitioner Yogesh appeared and joined the investigation in pursuance of order dated 13.02.2024 or not and further orders passed by this court. List the S.B. Criminal Misc. Bail Application No. 1507/2024 on 07.02.2025. (PRAVEER BHATNAGAR),J ashu /193-194