JUDGMENT : 1. Heard Sri Vidit Narayan Mishra, learned counsel for the applicant, Sri O.P. Mishra, learned AGA for the State and perused the papers on record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.255 of 2021, under Sections 380, 427 and 457 I.P.C., P.S.Dankaur, District Gautam Budh Nagar. 3. As per prosecution case, an A.T.M. of Punjab National Bank standing at Bilaspur was ripped open by gas a cutter, in the night between 13.07.2021/14.07.2021 and cash was stolen from there. On the basis of this information an F.I.R. was registered and investigated upon. Three persons namely, Nasir, Sahid and Imran were arrested and cash of about more than Rs. 80,000/-from each one of them was recovered by the police. The name of present applicant has been taken in the statement of one of the arrested person, recorded by the police as having been involved in this incident and the investigation against him is pending. 4. It is contended on behalf of the applicant that his name is disclosed in the statement given by one of the arrested persons on which legally no reliance can be placed as having a nil evidentiary value. It is further said that the present applicant has inimical relation with one of the arrested person Nasir, therefore, he has taken his name. He is absolutely innocent and his liberty deserves to be protected by grant of anticipatory bail application. 5. The application for anticipatory bail is opposed with vehemence by the State following facts and circumstances have been placed before me in this connection. (i). A total of more than 17 Lakhs was looted from the A.T.M. in an organized manner by cutting the A.T.M. by a gas cutter. The evidence collected so far showed that a number of persons were involved and their names have been disclosed by the arrested ones. (ii). It is also argued that though a confession or a statement given by co-accused may not pass the test of credible evidence during trial but it definitely plays a very important role as far as investigation is concerned. (iii). It is further argued that the pre-arrest bail to the applicant shall not only hamper proper and effective investigation but may play role in defending the real culprits.
(iii). It is further argued that the pre-arrest bail to the applicant shall not only hamper proper and effective investigation but may play role in defending the real culprits. The probability of recovery of rest of the amount is also ruled out in case anticipatory bail application is granted at this stage. 6. Prima facie it does not appear that he is entangled in this case with the purpose of bringing disgrace or cause humiliation to him by having him arrested in a mala fide manner. It may also be kept in mind that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only. The powers under Section 438 Cr.P.C. cannot be utilized in a routine manner as a substitute for regular bail. This discretionary power calls for existence of facts of the kind where the court is satisfied that its interference is necessary to further the cause of justice and to prevent misuse of process of law. Further where an intense and skillful interrogation may have been required for unearthing the cash stolen and for effective opening of a case a pre-arrest bail may not be a conducive step. 7. In view of the facts and circumstances of the case I do not find it fit case to grant benefit of anticipatory bail. 8. Hence the anticipatory bail application is rejected. 9. It is made clear that observations made in rejecting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.