Kala Nuretaslim vs State Of M.P

Vivek Rusia, J

This is the first bail application under Section 438, Cr.P.C. seeking anticipatory bail, due to apprehension of arrest in connection with Crime

No.555/2020, Police-Station- Kishanganj, District-Indore for the commission of offences under Section 380, 457/34 of I.P.C.

As per prosecution story, the applicant alongwith two others said to have looted 81 boxes and DVR. The other co-accused persons were arrested and

on the basis of their memorandum recorded under Section 27 of Indian Evidence, present applicant has been implicated in the present case.

Learned counsel for the applicant submits that applicant has been implicated in the present crime only on the basis of memorandum of co-accused

recorded under Section 27 of Indian Evidence Act. The looted article has been recovered from the possession of co-accused Salman. The other co-

accused persons have been granted bail. Except memo under Section 27 of Indian Evidence Act, there is nothing on record to connect the applicant in

this criem.

Learned Panel Lawyer for the respondent/State opposes the bail application and prays for its rejection.

I have heard learned counsel for the parties and perused the case diary (Challan).

After considering the arguments advanced by the learned counsel for the parties, but without commenting on the merits of the case, it is directed that

in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in

the sum of Rs.40,000/-(Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be

governed by the following conditions:

(b) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(c) he 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 to any police officer;

(d) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled;