1. 'MUNIB AHMED KHAN, J.---Learned counsel for the applicant submits that the applicant has falsely been involved in this case and the story given does not worth any confidence. He submits that according to the F.I.R. Loot and plunder was going on when complainant was intercepted by the applicant but contrary to that nothing has been recovered from either of the accused while third accused escaped in presence of the police having SMG rifles. He further submits that according to police version, 55 SMG empties have been recovered but neither any person has been injured nor any empties of the accused have been recovered while one accused is shown in possession of a pistol with one bullet in magazine while another has been arrested with a pistol without magazine, who is the applicant in this case. He further submits that no independent witness is there as the complainant is police tout and no other person is there to say that something has happened to them on the alleged day of loot spree.
2. 'On the other hand, learned Additional Prosecutor-General submits that the applicant has pointed out the factual position which needs deeper appreciation but he has not disputed the recovery of 55 empties of SMGs and no recovery of empties of applicant's pistol. He further submits that magazine of pistol of applicant might have been misplaced due to scuffle and that the absconding accused has taken away all the looted property. He further submits that the witnesses have been cited which are mentioned in the challan. Anyhow he admitted that no other affectee in the alleged loot etc. Has been made witness.
3. After hearing the learned counse it appears that the picture of the inciden which has been shown could natural] involve several affected persons and several affected witnesses including some person of the petrol pump which is in the vicinity but no person from the petrol pump has been cited as a witness nor any other affected person nor any property has been recovered from the accused persons. The incident of firing and counter-firing by a police can be assessed from the recover of the empties while there is no recover of the empties of the accused an moreover one pistol without magazine was recovered from the applicant while another found with another accused is only with or bullet.
4. 'Keeping in view the factual position in the matter, there would have been some persons in the shape of the complainant that they have also been affected by the looting spree on that date stated by the complainant and absent thereof creates some doubt. In the circumstances, keeping in view the factual position involved and the story put up, the case needs further investigation Accordingly, applicant is admitted to bail on his furnishing surety in the sum of Rs,2,00,000 (Rupees Two Lacs Only) an PR bond in the like amount to the satisfaction of the trial Court.
5. ' Bail application stands disposed of.