ORDER 1. LEAVE GRANTED. 2. IN AN INCIDENT DATED 16-8-2000, SON OF THE APPELLANT WAS KILLED. RESPONDENT 2 HEREIN IS A POLICE OFFICER, WHO AT THE RELEVANT TIME WAS THE OFFICER-IN-CHARGE OF THE POLICE STATION CONCERNED. ACCORDING TO THE APPELLANT, RESPONDENT 2 FIRED A SHOT AT HIS SON ANAND PANDEY WHO MET INSTANTANEOUS A DEATH. IT IS TRUE THAT ON DIRECTION OF THE HUMAN RIGHTS COMMISSION, A JOINT ENQUIRY WAS HELD BY THE COMMISSIONER, SARAN RANGE, AND THE DIG OF THE SAID RANGE AND IN THAT REPORT RESPONDENT 2 WAS NOT FOUND GUILTY OF THE OFFENCE. BUT AT THE SAME TIME, IT MAY ALSO BE NOTICED THAT ON THE APPELLANT FILING A WRIT PETITION MAKING ALLEGATIONS AGAINST THE INVESTIGATING AGENCIES, THIS COURT DIRECTED THE APPELLANT TO FILE A PROPER PROTEST PETITION BEFORE THE COURT SEIZED OF THE MATTER. THE CHIEF JUDICIAL MAGISTRATE, GOPAL GANJ, BY A DETAILED ORDER DATED 26-8-2002, ON CONSIDERATION OF THE FIRST INFORMATION REPORT, CASE DIARY AND THE POLICE REPORT, CAME TO THE CONCLUSION THAT THERE IS A STRONG PRIMA FACIE CASE AGAINST THE SECOND RESPONDENT AND SUFFICIENT MATERIAL TO PROCEED AGAINST THE SAID RESPONDENT FOR OFFENCE UNDER SECTION 302 IPC AND SECTION 27 OF THE ARMS ACT. 3. AN APPLICATION FILED BY RESPONDENT 2 BEFORE THE SESSIONS JUDGE, GOPAL GANJ, UNDER SECTION 438, CRIMINAL PROCEDURE CODE WAS ALSO DISMISSED BY A DETAILED ORDER, PRIMA FACIE, NOTICING THAT RESPONDENT 2 BEING A POLICE OFFICER POSSIBLY INFLUENCED THE POLICEMEN TO GIVE A DOCTORED REPORT. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED SESSIONS JUDGE OBSERVED THAT IN A CASE WHERE A POLICE OFFICER IS SAID TO HAVE INTENTIONALLY KILLED A MEMBER OF PUBLIC TO SATISFY HIS EGO AND VENT HIS ANNOYANCE, HE WAS NOT INCLINED TO EXTEND THE BENEFIT OF ANTICIPATORY BAIL. THE BAIL APPLICATION WAS ACCORDINGLY REJECTED ON 7-4-2003. 4. BY THE IMPUGNED ORDER DATED 11-7-2003, THE HIGH COURT HAS GRANTED ANTICIPATORY BAIL TO RESPONDENT 2 AND THAT ORDER IS UNDER CHALLENGE IN THIS APPEAL FILED BY THE FATHER OF THE DECEASED. 5. MR B.B. SINGH, LEARNED COUNSEL FOR THE STATE, RELYING UPON THE DECISION IN THE CASE OF K.L. VERMA V. STATE1 SUBMITS THAT AFTER THE COGNIZANCE HAD BEEN TAKEN, APPLICATION UNDER SECTION 438 CRPC WAS NOT MAINTAINABLE, AND THEREFORE RESPONDENT 2 COULD SEEK REGULAR BAIL ONLY AFTER SURRENDER. 5. MR B.B. SINGH, LEARNED COUNSEL FOR THE STATE, RELYING UPON THE DECISION IN THE CASE OF K.L. VERMA V. STATE1 SUBMITS THAT AFTER THE COGNIZANCE HAD BEEN TAKEN, APPLICATION UNDER SECTION 438 CRPC WAS NOT MAINTAINABLE, AND THEREFORE RESPONDENT 2 COULD SEEK REGULAR BAIL ONLY AFTER SURRENDER. LEARNED COUNSEL HAS ALSO BROUGHT TO OUR NOTICE ANOTHER DECISION IN BHARAT CHAUDHARY V. STATE OF BIHAR2 TAKING SOMEWHAT CONTRARY VIEW. BOTH THESE DECISIONS ARE BY A BENCH OF TWO HONBLE JUDGES. FOR THE VIEW WE ARE TAKING ON MERITS OF THE PRESENT CASE, IT IS NOT NECESSARY TO DECIDE THE AFORESAID QUESTION IN THIS MATTER. 6. THE HIGH COURT FOR GRANTING ANTICIPATORY BAIL TO THE SECOND RESPONDENT HAS GIVEN TWO REASONS. THEY ARE: (1) THE ORDER BY THE HUMAN RIGHTS COMMISSION FOR A JOINT ENQUIRY, AS NOTICED ABOVE, AND (2) RESPONDENT 2 NOT G HAVING BEEN FOUND GUILTY IN THE SAID ENQUIRY. 7. THE HIGH COURT, IT APPEARS, HAS LOST SIGHT OF THE DETAILED ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE AND ALSO THE SESSIONS JUDGE REFERRED TO HEREINBEFORE, IN ONE STRONG PRIMA FACIE CASE WAS FOUND AGAINST RESPONDENT 2 AND IN THE OTHER COGENT REASONS WERE RECORDED TO DECLINE ANTICIPATORY BAIL TO THE ACCUSED. HAVING HEARD LEARNED COUNSEL FOR THE PARTIES AND IN THE ABOVE CIRCUMSTANCES, WE ARE UNABLE TO SUSTAIN THE IMPUGNED ORDER OF THE HIGH COURT GRANTING ANTICIPATORY BAIL TO RESPONDENT 2. THE IMPUGNED ORDER IS ACCORDINGLY SET ASIDE. IT WOULD, OF COURSE, BE OPEN TO RESPONDENT 2 TO FILE A APPROPRIATE APPLICATION UNDER SECTION 439 CRPC AFTER SURRENDER. THAT APPLICATION WOULD BE CONSIDERED ON ITS OWN MERITS WITHOUT BEING INFLUENCED BY THE ORDERS EARLIER PASSED BY THE CHIEF JUDICIAL MAGISTRATE, THE SESSIONS COURT OR THIS ORDER. 8. THE APPEAL IS ACCORDINGLY ALLOWED. RESPONDENT 2 SHALL SURRENDER WITHIN FOUR WEEKS.