' Allah Bakhsh son of Nanning Khan, petitioner, has sought his post-arrest bail in a case F.I.R. No,71 of 2001 under section 7 of the Surrender of Illicit Arms Act, 1991, registered at Police Station Harrand, on 6-7-2001.
2. The precise allegation against the petitioner is that he led to the recovery of a rifle 303 bore alongwith 17 live cartridges.
3. According to the F.I.R. Ashiq Hussain, S.H.O., had received a secret information that the petitioner was having an illicit fire-arm with him, and therefore, he conducted a raid alongwith some other police officials. The petitioner is behind the bars. Investigation qua him has been completed.
4. The learned counsel for the State has vehemently opposed the grant of bail on the ground that the petitioner is named in the F.I.R. And that the complainant has no personal grudge against the petitioner.
5. On the other hand, the learned counsel for the petitioner has contended that nothing was recovered from the petitioner and in fact the complainant was under the great pressure to show some sort of performance, therefore, fake recoveries of used weapons were planted from the poor persons.
6. I have heard the learned counsel for the parties and gone through the record. It has been noticed that recovered weapon was not sealed at the spot. Similarly it is strange that although a rifle was recovered from the petitioner yet instead of bullets, cartridges were found alongwith the rifle. After recovery of the rifle, the same was not sent to the expert, whether it is workable fire-arm weapon. It has also been noticed that the complainant at the time of recovery had not associated any public witness and the provisions of section 103, Cr.P.C. Have been violated.
7. In the circumstances, the allegation against the petitioner needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C.
8. In view of the above discussion, I am inclined to allow this petition and grant bail to the petitioner, subject to his tendering bail bonds in the sum of Rs,twenty thousand with one surety in the like amount to the satisfaction of the trial Court/Duty Judge.