Dinesh Kumar 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.70 dated 28.06.2018, registered at Police Station Tapa, District Barnala, under Section 420 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.

Learned counsel for the petitioner submits that the petitioner is a student and son of the main accused. He had not taken any money from the

complainant.

Learned State counsel submits that the present petitioner had accompanied his father, when the money was taken.

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 that the petitioner is not required for custodial interrogation and no useful purpose will be served by sending

him to custody. Therefore, finding merit in the present petition, the same is allowed. IT IS ORDERED THAT in the event of arrest, the petitioner be

released on bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall

join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.