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[Cites 3, Cited by 0]

Madhya Pradesh High Court

Devendra Singh Kushwah @ Attu vs The State Of Madhya Pradesh on 2 July, 2014

                                1              M.Cri.C.4713/14
                 (Devendra Singh Vs. State of M.P.)

2/7/14
        Shri   Sushil Goswami, Advocate for applicant Devendra
Singh.
        Shri     R.K.Awasthy,     Public   Prosecutor    for   the
respondent/State.

Heard.

Perused the case diary.

This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with crime No.132/14 registered at Police Station City Kotwali, District Bhind, for the offence punishable under Section 379 of IPC.

As per prosecution story, incident occurred in the night of 20th March, 2014 in which Rs. 12,000/- was stolen away from the car belonging to the complainant Deepak Bhadoriya. The allegations were made in the FIR that the alleged theft was committed by the un-known persons who reached on the spot by using motorcycle bearing registration No.MP30/MB-1573. During investigation, looted money was not seized from the possession of the applicant. The alleged motorcycle used in the commission of crime was belonging to the applicant which was seized from his possession.

Looking to the facts and circumstances that the theft property was not seized from the possession of the applicant and the fact that the applicant is an Assistant Professor posted in 2 M.Cri.C.4713/14 (Devendra Singh Vs. State of M.P.) Chowdhary Dileep Singh Girls College, at Bhind, this court is incident to allow this application. Therefore, without expressing any opinion on the merits of the case, present application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with a surety bond in the like amount to the satisfaction of the Arresting Officer. The applicant shall make himself available for interrogation by a police officer as and when required and he will cooperate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

Certified copy as per rules.

(B.D.Rathi) Judge (Bu)