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Judgment
Heard learned counsel for the petitioner Mr. Gautam Kumar and learned A.P.P. Mr. Rajesh Kumar.
Petitioner seeks protection of anticipatory bail in connection with Rajmahal P.S. Case No. 246 of 2020 for the offence registered under Section
341,323,504/34 of the Indian Penal Code and Sections 25(1-b)/35 of the Arms Act, pending in the court of learned Sub- Divisional Judicial Magistrate,
Rajmahal Learned counsel for the petitioner submits that the allegations against these petitioners are false and the offences under Indian Penal Code
are all bailable in nature. The offence alleged under the Arms Act are attributable at best to the other co-accused Ujagar Mandal against whom there
is specific allegation in the F.I.R. that that he pointed a country made pistol on the informant lady who was cutting jungle jhari at about 12.00 p.m. on
17.06.2020. The allegations against these petitioners are of abuse on the ground that the land belong to them. As such, these petitioners may be
granted the protection of anticipatory bail, otherwise they may be arrested without any basis when the allegation of use of pistol is against the other
co-accused only. Petitioner no. 1 and 3 are ladies and petitioner no.2 is the own uncle of accused Ujagar Mandal and therefore false implication.
Petitioners have no criminal antecedent.
Learned A.P.P. has opposed the prayer.
Having considered the submission of the parties in the light of the facts and circumstances noted above and that since the allegation of pointing of
pistol on the informant is against other co-accused Ujagar Mandal not the petitioners and that the other offences are bailable in nature, I am inclined to
grant the privilege of anticipatory bail to the petitioners. Accordingly, petitioners, above named, in the event of their surrender or arrest within in a
period of 4 weeks, shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Sub-Divisional Judicial Magistrate, Rajmahal in connection with Rajmahal P.S. No. 246 of 2020, subject to the conditions
that petitioners and their bailors shall not change their address and mobile number without prior permission of the Court below; petitioners shall
cooperate in the investigation and other conditions as laid down u/s 438(2) Cr.P.C.