1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1801 OF 2010 (Jitendra @ Pintu Kisan Rathod .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri E.W. Nawab, Advocate for the applicant. Smt. A.R. Taiwade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 15TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeking pre-arrest bail for the offence punishable under Section 379 read with Section 34 of the Indian Penal Code vide Crime No. 260/2009 registered with Police Station, Gittikhadan, Nagpur. Learned Counsel for the applicant submits that the offence is registered in the year 2009 and there is no material against the applicant and the applicant is falsely involved only because he had enmity with one Sanjay Dhone. The reply is filed by the State. From the reply, it is revealed that the investigating agency is proceeding against the applicant, in view of the statement made by co-accused. It is also revealed that as per the investigating agency, Sanjay Dhone and Ashok Gawande are the main accused. It is also not disputed that Sanjay Dhone and Ashok Gawande were arrested and they are released on bail. Learned Counsel for the applicant invites my attention to the record and states that at the initial stage there was neither any mention of the applicant nor any role was attributed to him. He further submits that the applicant is an agriculturist and also dealing in sale and purchase of vehicles. He further submits that under bona fide belief, the vehicle was sold and there is no material with the investigating agency to show that the applicant was aware of the fact that the vehicle was stolen or had any connivance with Sanjay Dhone and Ashok Gawande. Learned 2 Counsel further submits that apart from the statement of co- accused, there is no material available with the investigating agency to connect the applicant with the alleged crime. Considering the submission made by the learned Counsel for the applicant, I am of the opinion that the case is made out for enlarging the applicant on anticipatory bail. In the result, the application is allowed. The applicant be released on bail in the event of his arrest on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Gittikhadan, Nagpur on every Sunday between 09:00 a.m. and 12:00 noon, till filing of the charge sheet or three months whichever is less. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Gittikhadan, Nagpur, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.