3. It is apparent from the record that on the F.I.R. a criminal case was registered by the
I.I.C. Mangalpur P.S. The Investigating Officer took up investigation of the case and after c
ompletion of investigation has submitted final report as the fact of the case was found to be
true, but there was no clue. Against such final report, the complainant filed a protest petiti
on. He examined himself under Section 200 of the Cr.P.C. and two witnesses were examined under
Section 202 of the Cr.P.C. It is apparent from the record that both witnesses, whose statemen
ts were recorded under Section 202 of the Cr.P.C. by the learned Magistrate, are not attribute
d any overt act to the petitioners. In other words, none of the independent witness supports t
he case of the prosecution case. As far as the complainant himself is concerned, he has also n
ot seen the accused persons throwing bombs to the house of the informant to set it on fire.
No case is made out against the present petitioners.
4. Keeping in view the aforesaid consideration, nature of allegation made and the facts of
the case, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, t
he petitioners are given liberty to surrender before the learned S.D.J.M., Jajpur, in the afor
esaid case within twenty one days and pray for bail. On such event, the learned Magistrate sha
ll enlarge them on bail on such terms and conditions as deemed just and proper by him. In case
they are arrested by the Police in the mean time, they shall be produced before the learned S
.D.J.M., Jajpur within twenty-four hours. The learned Magistrate shall then allow their applic
ation for bail as aforesaid.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
