JUDGMENT : Ajai Lamba, J. Sri Nagendra Basumatary @ Naga and Sri Mishok Basumatary @ Dugga seek bail under Section 439 of the Code of Criminal Procedure, 1973 in Serfanguri P.S. Case No.43/2019 under Sections 120(B)/121/121(A)/122/123 I.P.C., read with Section 25(1-a) Arms Act, read with Section 10/13 UA(P) Act. 2. Contention of Ms. Dipika Das, learned counsel for the petitioners is that the petitioners were not apprehended at the spot. As suggested in the FIR, no incriminating recovery has been effected from the petitioners. It has further been contended that best evidence against the petitioners is the statements of co-accused were in custody, which might not be admissible. 3. I have gone through the contents of the FIR at issue. 4. Indeed three accused have been named in the FIR and some fire arms etc. have already been recovered from them. The petitioners were not apprehended at the spot. It appears that subsequently the petitioners have been arrested on the statement of the earlier arrested co-accused. 5. The above factual situation has not been disputed by the learned counsel for the prosecution. Considering the totality of the facts and circumstances of the case, false implication of the petitioners cannot be ruled out at this stage. 6. In view of the above, the bail application is allowed. 7. The petitioners be released on bail on their furnishing two sureties in the sum of Rs.20,000/- each to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar.