[2025:RJ-JP:5499] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16356/2024 1. Rajesh S/o Bhajanlal, R/o Kalwan, Police Station Manpur, Tehsil Sikrai District Dausa Rajasthan. 2. Samaysingh S/o Laxman, R/o Kalwan, Police Station Manpur, Tehsil Sikrai District Dausa Rajasthan. ----Petitioners Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Shashi Bhushan Gupta For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/02/2025 1. Heard learned counsel for the petitioners and learned Public Prosecutor and perused the material available on record. 2. This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.237/2024, registered at Police Station Manpur, District Dausa for offences under Sections 121(1), 303(2) and 352 BNS, 2023. Investigation is being conducted for offences under Sections 181 (1), 303(2) and 352 of BNS. 3. As per the prosecution case, it is alleged against the petitioners that they cut down two ‘Babool’ trees from the pasture government land and thereafter took away it to their houses. Learned counsel for the petitioners submits that the alleged offences are triable by Magistrate and they belong to poor strata of society. He submits that custodial interrogation of the accused [2025:RJ-JP:5499] (2 of 3) [CRLMB-16356/2024] petitioner is not required in this matter and they would join the investigation. 4. Per contra, learned Public Prosecutor opposes the bail application. 5. Having regard to the entirety of facts and circumstances as available on record and considering the arguments advanced at bar, this Court is of the opinion that it is a fit case to extend the benefit of pre-arrest bail to the petitioners under Section 482 BNSS 2023. 6. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners (1) Rajesh S/o Shri Bhajanlal and (2) Samay Singh S/o Shri Laxman in connection with FIR No.237/2024, registered at Police Station Manpur District Dausa, they shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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 petitioner shall not leave India without previous permission of the court. 7. Apart from imposing the aforesid three conditions, this Court imposes an additional direction/condition upon both the petitoners [2025:RJ-JP:5499] (3 of 3) [CRLMB-16356/2024] that each of them shall plant 20 babool trees on the pasture government land of Village Kalwan in presence of the Patwari concerned and shall take care of them for at least one year. The Patwari concerned is directed to see and check at a regular gap of time, whether the trees planted by the petitioners are being cared by them or not and give his report to the trial court concerned. 8. Needless to observe here that the aforesaid direction should not be treated as a punishment, rather, it should be taken as a volunteer service of the petitioenrs. It is everybody's moral duty to make the environment more clean and green. 9. With the aforesaid directions, the application stands allowed. (ANIL KUMAR UPMAN),J LALIT MOHAN /752