[2025:RJ-JP:3668] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 292/2025 1. Babu Lal S/o Shri Shankar Lal, R/o Village Sanmanpura, Police Station Khatoli, District Kota Rajasthan 2. Yashoda Nandan S/o Ramdayal, R/o Village Sanmanpura, Police Station Khatoli, District Kota Rajasthan 3. Satish Kumar S/o Shri Chaturbhuj, R/o Village Sanmanpura, Police Station Khatoli, District Kota Rajasthan ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shiv Prakash Dhanera For Respondent(s) For Complainant(s) : : Mr. Shriram Dhakar, PP Mr. Jagdish Nagar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. Learned counsel for the petitioner wants to withdraw the present bail application filed under Section 482 of BNSS qua the petitioner No.1 Babu Lal S/o Shri Shankar Lal. Accordingly, the same is dismissed as withdrawn. 2. However, the petitioner No.1 is given liberty to surrender before the trial court on or before 07.02.2025 and move a regular bail application which is to be filed before 12:00 noon of working day. The trial court is requested to consider and decide the same on the very same day as per law. 3. So far as accused-petitioner No.2 & 3 i.e. Yashoda Nandan S/o Ramdayal & Satish Kumar S/o Shri Chaturbhuj is concerned, [2025:RJ-JP:3668] (2 of 3) [CRLMB-292/2025] they have preferred the instant bail application under Section 482 BNSS as they are having apprehension of arrest in F.I.R. No.368/2023 registered at Police Station Khatoli, District Kota Gramin for offences under Sections 143, 341, 323 & 452 of IPC. 4. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that allegation of causing grievous injury to the injured has been attributed to the co-accused Babu Lal and there is no specific allegation against the petitioner Nos. 2 & 3 to cause any grievous injury on the body of the injured Hemraj. Counsel submits that there are no criminal antecedent of the petitioners. Custodial interrogation of the petitioner would not served any fruitful purpose. 5. Learned State Counsel assisted by counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. They submits that petitioners are duly named in the FIR and actively participated in the commission of crime. 6. I have considered the contentions. 7. 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 allegation of causing grievous injury to the injured Hemraj is attributed to the co- accused Babu Lal; absence of criminal antecedents of the petitioner Nos.2 & 3, but without commenting anything on the [2025:RJ-JP:3668] (3 of 3) [CRLMB-292/2025] merits/demerits of the case, I deem it proper to allow the pre- arrest bail application. 8. The anticipatory bail application is partly allowed. The S.H.O/I.O/Arresting Officer, Police Station Khatoli, District Kota Gramin (Raj.) in F.I.R. No.368/2023 is directed that in the event of arrest of the petitioner Nos.2 & 3-Yashoda Nandan S/o Ramdayal & Satish Kumar S/o Shri Chaturbhuj, 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 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 themself 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 LALIT MOHAN /314