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923-ABA-401-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.401 OF 2021

KAMLAKAR DATTATRAYA CHIKHLE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

...

Advocate for Applicants : Mr. Nitin S. Kadarale

APP for Respondent-State : Mr. V. M. Kangne

...

CORAM :

MANGESH S. PATIL, J.

DATE : 03.07.2021

PER COURT :-

This is an application under Section 438 of the Code of

Criminal Procedure, 1973 as the applicant is apprehending his arrest in

connection with Crime No. 50 of 2021 registered with Naygaon Police

Station, District Nanded for the offence punishable under Section 379

read with Section 34 of the Indian Penal Code.

2.

The informant alleges in the First Information Report (FIR)

that he had stocked agricultural produce in his several bags in his shade

in the filed. He noticed that few bags were missing. He followed the

trail of the grain spilled over and could reach the house of the co-

accused. He saw that the co-accused and the applicants were sleeping

there. 10 bags of Toor and 5 bags of Green-gram were found at the

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place where they were sleeping. On questioning whether they had

stolen the grain bags, they replied that they have stolen it and dared him

to do whatever he wanted and ran from the spot. He lodged the report

and the offence was registered.

3.

Learned Advocate for the applicant submits that the

applicant has been falsely implicated. He has his own field and has

yielded agricultural produces. The co-accused being a friend both were

sleeping in the same house. No particulars have been given by the

informant so as to identify the stolen grain. He is ready to co-operate

the investigating officer and ad-interim anticipatory bail granted by

order dated 28.04.2021 be confirmed.

4.

Learned APP opposes the application on the ground that

there is sufficient material to reveal complicity of the applicant in

commission of the crime. There is no animosity between the informant

and the applicant. He submits that there is disclosure statement by the

co-accused which may be a weak piece of evidence, but, at this juncture,

it is sufficient to reveal complicity of the applicant in commission of the

crime. Learned APP also submits that there is a statement of Trader to

whom the applicant and the co-accused has sold some of the grains and

his statement is also substantiated by the record of his shop. At this

juncture, this much of material is sufficient to reveal complicity of the

applicant in commission of the crime. Therefore, custodial interrogation

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of applicant is necessary and the application may be rejected.

5.

I have carefully perused the investigation papers. Though

in normal course since it is a matter of stealing of agricultural produce,

the question of identity of stolen property would be vital.

6.

However, in the matter in hand, there are some important

circumstances which prima facie would indicate link of present applicant

with the crime.

7.

Without there being any animosity the informant has

attributed the crime to the applicant and the co-accused for apparently

some valid reasons. He could reach the place where both were sleeping

by following trail of the spilled over grain. He further entertained the

suspicion because the co-accused had reiterated by confessing about

having stolen the grain bags. Further, both of them, thereafter, fled from

the spot. His version stands corroborated by the spot panchnama,

wherein, the panchas did notice the trail from the place where the

grains were stocked to the place where the applicants and co-accused

were sleeping, on the basis of spilled grains.

8.

Further, there is a statement of a trader by name Bajirao

Dadarao Shinde, who has stated about both the accused having sold him

some grain bags. Pertinently, he makes that statement by referring to

the books of his shop.

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9.

Lastly, though it would be a wea