Monu And ANR v. State Of Haryana
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Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioners seeks grant of anticipatory bail, in case FIR No.36 dated 03.02.2024, under Sections 457 and 380 of the IPC, registered at P.S. Kheri Pul, District Faridabad.
2.
On 14.03.2024, the following order was passed:- "1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioners seeks grant of anticipatory bail, in case FIR No.36 dated 03.02.2024, under Sections 457 and 380 of the IPC, registered at P.S. Kheri Pul, District Faridabad.
2. What constituted the bedrock for registration of the present FIR, was that, 600 kgs of copper material, a Maruti Super Carry vehicle went missing from the workshop of the complainant, and, the control box of CCTV camera was also damaged.
3. The record available before this Court reveals that consequent upon registration of the present FIR, co-accused Sonu and Akash were arrested, and thereupon, co-accused Sonu got
recovered the stolen Maruti Carry vehicle and an amount of ₹ 29,200/-, i.e. his share of the crime proceeds, which was obtained from sale of the stolen copper material. Thereafter, co-accused Sonu and Akash suffered disclosure statements, thereby disclosing the participation of the present petitioners in commission of the above crime.
4. The learned counsel for the petitioners submits that neither any role qua commission of the alleged offence(s) has been assigned to the petitioners, nor the investigating agency is seized of any cogent inculpatory evidence against the petitioners. The only piece of evidence, which constitutes the bedrock for the investigating agency to arrest the petitioners, is the disclosure statement(s) of co-accused.
5. The learned counsel for the petitioners further submits that, even in the C.C.T.V. footage, which was recovered by the investigating agency and played in Court by the learned Sessions Judge concerned, at the time of adjudicating the anticipatory bail application of the petitioners, the petitioners are not visible. Lastly, he submits that the petitioners are not involved in any other case.
6. Notice of motion for 29.04.2024.
7. Mr. Bhupender Singh, D.A.G., Haryana, accepts notice on behalf of respondent-State of Haryana.
8. In the meantime, the petitioners are directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of their arrest, they shall be admitted to interim bail on their furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.
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