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Judgment
Heard the parties.
Defects, as pointed out by the office, are ignored. The petitioners apprehend their arrest in connection with Hiranpur P.S. Case No. 75 of 2020.
It has been alleged that when the informant had gone to urinate in the evening, he was surrounded by the accused persons who had assaulted him.
It has been stated by the learned counsel for the petitioners that there has been a delay of three days in institution of the FIR. Learned counsel submits
that the date of occurrence is 27.10.2020 but the injury report reveals that the informant was examined one day prior to the incident i.e. on 26.10.2020.
It has also been stated that the allegations are general and omnibus in nature.
Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners. It thus appears that there has been a delay of three days in institution of
the FIR which has not been explained by the informant and the said fact coupled with the injury report dated 26.10.2020, there appears to be some
doubt with respect to the prosecution case itself.
On consideration of the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioners.
The petitioners, named above, are accordingly directed to surrender in the court below within a period of four weeks from today and on their
surrender/arrest, they will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) each with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st class, Pakur in connection with Hiranpur P.S. Case No. 75 of 2020, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.