2006 (9) TMI 614 - HC - Indian Laws

Teacher granted anticipatory bail in Bihar Urdu case despite co-accused statement

The petitioner, a Teacher of Urdu in Bhagalpur, Bihar, sought anticipatory bail in a case under Section 365, IPC, registered at Police Station Anand ... - Issues involved: Grant of anticipatory bail in a case under Section 365, IPC.Summary:The petitioner, a Teacher of Urdu in Bhagalpur, Bihar, sought anticipatory bail in a case under Section 365, IPC, registered at Police Station Anand Vihar. The petitioner claimed innocence and argued that he was falsely implicated in the case. The prosecution alleged that the petitioner, along with three other individuals, was responsible for the kidnapping of the complainant's wife. The only evidence against the petitioner was the disclosure statement of one of the co-accused, Bablu. The State relied on a Supreme Court judgment stating that a co-accused's confessional statement is significant in the initial stages of investigation. However, the court emphasized that the police cannot detain a person solely based on a disclosure statement without any independent incriminating evidence. The petitioner, being employed in Bhagalpur and having no connection to the alleged crime in Delhi, was granted anticipatory bail on a personal bond of &8377; 20,000 with one local surety. He was directed to cooperate with the investigation when required.In conclusion, the petitioner was granted anticipatory bail based on the lack of incriminating evidence against him u/s Section 365, IPC, despite the disclosure statement of a co-accused.