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Judgment
20 paragraphs · 360 wordsK.Haripal, J
Petitioners are accused Nos.1 to 4 in crime No.791/2021 of Vattapara police station which was registered alleging offence under Sections 143, 147,
148, 341, 294(b), 323, 324 and 326 read with Section 149 IPC. The alleged incident had happened on 01.06.2021 and the crime was registered on
02.06.2021. Now petitioners are before Court, seeking anticipatory bail under Section 438 of the Cr.P.C.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
The learned counsel for the petitioners submits that on the very same date and time, crime No.1294/2021 has been registered against the defacto
complainant alleging offence under Sections 294(b) and 324 IPC, for having attacked and injured the second petitioner who is the second accused in
crime No.791/2021.
The learned Public Prosecutor submits that the allegation is that five accused persons, including the petitioners, had attacked and injured the defacto
complainant. The first accused had used a stick and the second accused had used an iron rod in which attack the defacto complainant suffered a
fracture on his right elbow. Whatever it may be, now the weapons of offence have already been recovered under a mahazar. Similarly, on the basis of
the orders of the Sessions Court, the second petitioner had already surrendered before the Investigating Officer and made himself available for
interrogation. That means, further interrogation is not warranted.
On these considerations and also taking into account the fact that the petitioners do not bear any criminal antecedents, I am inclined to allow this
application.
In the result, the petitioners shall be at liberty to surrender before the investigating officer within ten days from today and will make themselves
available for interrogation; in the event of arrest, they shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each,
with two solvent sureties each for the like sum to the satisfaction of the investigating officer; they shall co-operate with the investigation, shall not try
to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
This bail application is allowed as above..