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Judgment
Heard learned counsels for petitioner and for State.
The petitioner is apprehending his arrest in connection with Chandil P.S. Case No.237 of 2023, for offence registered under sections 341, 302, 504, 506, 201, 120(B) of Indian Penal Code and 27(3) of Arms Act, pending in court of learned S.D.J.M., at Chandil.
Learned counsel for petitioner submits that there are general and omnibus allegations against the petitioner. He also submits that one eye-witness namely Md. Fahad Khan has categorically stated that firing was done by Zishan and he submits that allegation of firing is not there against the petitioner and there was altercation between two groups and all of a sudden, Zishan has fired. He also submits that the informant has alleged that he has gone on the spot hearing the gun fire and found that his brother has been shot. He next submits that in identical situation the co-accused have been granted anticipatory bail by coordinate Bench of this Court in ABA No.2413 of 2024 and ABA No.4564 of 2024.
Learned State counsel opposes prayer and submits that firing was made by Zishan and pursuant to that, death has occurred.
Considering that the allegation of firing is not there against the petitioner and the eye-witness has stated that Zishan has fired and pursuant to that, death has occurred and two of the co-accused persons have been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to petitioner.
Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Chandil P.S. Case No.237 of 2023, in connection with S.D.J.M., at Chandil, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.