Investigating officer as complainant

Complainant of a FIR could not suitably discharge his duties as an independent and/or fair Investigating Officer.

Alleged offence took place in thickly populated area and police had advance information about availability of accused persons as well as alleged weapons in shop in question

Police did not associate with them any independent person of locality to witness arrest or recovery

Police officials were good witnesses as others but where entire prosecution case depended upon sole evidence of police officials, their evidence required deep scrutiny at trial

Two co-accused persons were available inside the shop at the time of incident but their names were placed in column No.2 of challan without assigning any cogent reason, therefore, on such ground case of accused required further inquiry

No criminal history of accused had been brought on record in respect of their conduct that they were ever involved in such type of cases prior to the incident

Accused had been behind the bars since 19-6-2014, challan against them had been submitted and they were no more required for investigation

All witnesses were police officials, therefore, no question could arise for tampering with evidence

Complainant who was eye witness of incident had also conducted investigation, therefore, tentatively on such ground also false implication of accused persons at bail stage could not be ruled out

Bail was allowed in circumstances.