R. S. GARG, J. ( 1 ) ANTICIPATING arrest in connection with crime No. 16/2001 of police station Gurrur District Durg, for offence punishable under Section 302/ 201 I. P. C. the applicant has filed this petition under Section 438 Cr. P. C. ( 2 ) MISS. Singhai, learned counsel for the State submits that from the statements of Satnand Sahu and Shankar Sinha, it would appear that the applicant is involved in commission of the murder of the deceased Dhadhuram, the applicant does not deserve an order in his favour. ( 3 ) ON the other hand, learned counsel for the applicant submits that from the statements of these two witnesses it would not appear that the applicant has committed any crime. From the statements of Sahu it only appears that the present applicant used to give advise to Dhadhuram that he should not earn fight with another person namely Arun, beyond this the prosecution has not collected any further evidence to connect the applicant with the alleged crime. ( 4 ) TAKING into consideration the nature of allegations and the character of evidence so far collected by the prosecution. I consider present to be a fit case for grant of an order under Section 438 Cr. P. C. The application is allowed. ( 5 ) IN the event of arrest of the applicant on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the police officer arresting him, he shall immediately be released on bail by the said Officer for his appearance before the police for the purposes of interrogation and before the Court or as and where so directed. ( 6 ) THE prosecution shall be free to make an application for cancellation/recall of this order if during the course of investigation, they collect some evidence which connects the accused with the alleged crime. Application allowed. --- *** --- .