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Judgment
8 paragraphs · 349 wordsManjari Nehru Kaul, J
The petitioner is seeking the concession of bail under Section 438 Cr.P.C. in case FIR No.0033 dated 10.03.2024 under Sections 446, 457, 380, 427, 120-B of the IPC registered at Police Station Lambi, District Sri Muktar Sahib.
On the last date of hearing, i.e. 18.05.2024, while noticing the following submissions made by learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation.
“Learned counsel for the petitioner inter alia contends that other than his presence shown with the co-accused who allegedly trespassed into the property of the complainant after demolishing the wall of the complainant, no specific role or injury has been attributed to the petitioner. It has also been submitted by the learned counsel that the petitioner has clean antecedents and is not involved in any other criminal case.”
Learned counsel for the petitioner submits that in compliance of the order dated 18.05.2024, the petitioner has joined investigation and cooperated with the investigating agency.
Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation, however, it has been submitted that the petitioner along with co-accused had removed 1.5 quintals of iron rods from the property of the complainant which was yet to be recovered.
On a pointed query put to the learned State counsel, he has informed the Court that other than for the recovery of the stolen articles, the petitioner was not required by the Investigating Agency.
Be that as it may, once the petitioner, in compliance of the directions of this Court, has joined investigation, this Court deems it fit to extend the extraordinary concession of anticipatory bail to the petitioner. Accordingly, the petition is allowed and the interim order dated 18.05.2024 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./Section 482(2) BNSS. Needless to say, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the bail granted to him.