IN THE COURT OF ( NAME OF THE JUDGE)M, SESSIONS JUDGE, XYZ
DD-MM-YYYY
ORDER
This
is pre arrest bail petition filed by ABC Policeman in case FIR (first
information report) No. No/yyyy dated dd.mm.yyyy
recorded with Police Station XYZ u/s 302/148/149 PPC.
The
allegation against the petitioner is that he is involved in murder of Anwari
and Goga who were father and brother in law of the complainant respectively.
Learned counsel for the petitioner argued that petitioner was not nominated in the FIR but was implicated through supplementary statement of the complainant after 24 days of the occurrence. He argued that the petitioner is police constable and during his posting at Police station Goden pura, XYZ he conducted raid against the complainant who was involved in sale of narcotics substances and has a grudge. He falsely implicated the petitioner. He prayed for grant of bail to the petitioner.
Learned counsel for the petitioner argued that petitioner was not nominated in the FIR but was implicated through supplementary statement of the complainant after 24 days of the occurrence. He argued that the petitioner is police constable and during his posting at Police station Goden pura, XYZ he conducted raid against the complainant who was involved in sale of narcotics substances and has a grudge. He falsely implicated the petitioner. He prayed for grant of bail to the petitioner.
On
the other hand, learned Public Prosecutor assisted by the learned counsel for
the petitioner vehemently opposed the bail petition and prayed for its
dismissal.
Arguments
heard. Record perused.
Petitioner’s
version is that he was falsely
implicated in this case due to grudge of his conducting raid against the
complainant is not believable because the petitioner is merely a constable
whereas the raids are conducted under
the supervision of senior police officer
and no other police employee was
implicated by the complainant in this case except the petitioner. Prima facie there is nothing on record to show any
malafide on the part of the police or the complainant. Case is of a heinous nature and as a result
of occurrence two human beings lost their lives. Thus, the petitioner is not entitled for any extra
ordinary relief of pre arrest bail.
Consequently, the pre arrest bail of the petitioner is dismissed. File
be consigned to the record room after its due compilation.
dd.mm.yyyy
Judge
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