AB 1042/2011 BEFORE HON’BLE MR JUSTICE A. C. UPADHYAY This is an application under Section 438 Cr.P.C. seeking pre-arrest bail on beha lf of Altaf Ahmed alias Babu in connection with Basistha P.S. Case No.221 of 201 1 registered under Sections 379/411 IPC. Heard Mr. M. Garodia, learned counsel for the accused-petitioner and Mr. B. S. S inha, learned Addl. Public Prosecutor, appearing on behalf of the State. Learned Additional Public Prosecutor by producing the case diary highlighted the materials so far collected and also apprised the Court regarding the progress o f investigation of the case. The F.I.R. reveals that stone dust belonging to the complainant was stolen away in a truck loader No.083317. However, the driver wa s apprehended while stealing away the goods. Learned counsel for the petitioner has submitted that the petitioner is a contra ctor by profession and is engaged in business of transportation of materials and in no way connected with the case. Learned counsel for the petitioner contended that the petitioner is apprehending arrest in connection with this case. On careful perusal of the case diary and materials available on record it appear s that there is no sufficient incriminating materials against the petitioner in connection with this case warranting his custodial interrogation. In my consider ed view release of the petitioner on pre-arrest bail would not adversely effect any further investigation of the case. Accordingly it is provided that in the ev ent of arrest of the accused petitioner in connection with this case he shall be released on bail of Rs.10,000/- with one surety of the like amount to the satis faction of the arresting authority on condition that he shall cooperate with the investigation of the case and shall appear before the investigating officer as and when directed to do so. The bail application shall stand disposed of.