Bipin Kumar Jain vs State of Punjab

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case

FIR No.20 dated 21.03.2018, registered at Police Station Kot Dharmu, District Mansa, under Sections 420, 406 and 34 of the Indian Penal Code.

Notice of motion was issued in this case.

Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.

From the record, I find that there is no allegation that the petitioner had induced complainant-Kulwinder Singh to part with the money. No role has

been attributed to the present petitioner and even, he is not named in the FIR. Now, the present petitioner has been nominated as accused on the basis

of disclosure statement of co-accused.

In pursuance of the interim order dated 21.09.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for

custodial interrogation. Therefore, no useful purpose will be served by sending him to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any

opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 21.09.2018, granting interim bail to the petitioner,

is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438

(2) Cr.P.C.