Vikas Kumar @ Bakhu v. State Of Haryana
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Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.494 dated 01.09.2023, under Section 379 of the IPC (Section 411 of the IPC added subsequently), registered at P.S. Ambala City, District Ambala.
2.
The learned counsel for the petitioner submits that neither the name of the petitioner reflects in the FIR, nor any role whatsoever has been assigned to him therein. The only piece of evidence, which constitutes the bedrock for the investigating agency to arrest the petitioner, is the disclosure statement of co-accused Harvinder Singh @ Tinku, wherein, he alleged the petitioner to be the recipient of the stolen property, i.e. rims of the stolen motorcycle. Since this disclosure statement was obtained in police custody, therefore, it cannot be taken into consideration.
3.
Notice of motion for 29.07.2024.
4.
Mr. Bhupender Singh, D.A.G., Haryana, accepts notice on behalf of respondent-State of Haryana.
5.
In the meantime, the petitioner is directed to join the DEVINDER YADAV 2024.07.30 12:59 I attest to the accuracy and authenticity of this order/judgment
investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C. '
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DEVINDER YADAV 2024.07.30 12:59 I attest to the accuracy and authenticity of this order/judgment