Criminal Misc. No. M. No. 18856 of 2011 Tarlochan Singh Versus State of Punjab Present : Mr. Rahul Sharma, Advocate, for the petitioner. Mr. S.S.Gill, Deputy Advocate General, Punjab. **** This is a petition for grant of anticipatory bail in case FIR No. 24 dated 02.03.2011 under Sections 399/402 of the Indian Penal Code registered at Police Station Machhiwara, District Ludhiana. On 04.07.2011, the following assertion was recorded:- “Learned counsel has argued that the FIR against the petitioner is clearly false because he was not found at the spot when the alleged raid was conducted on a secret information that the accused persons had collected in an abandoned place with deadly weapons making preparations to commit a crime.” Learned counsel for the petitioner has stated that the petitioner has no criminal antecedents whereas the learned Deputy Advocate General, Punjab on instructions from the Investigating Officer states that as regards the assertion made in the Court on 04.07.2011 he accepts the same but as regards the assertion about the antecedents of the petitioner is concerned he would not be in a position to agree with the same at this stage. Since this aspect is yet to be enquired into, in the circumstances, I deem it appropriate to grant the concession of anticipatory bail in the aforesaid FIR to the petitioner. Accordingly, the petitioner is ordered to be released on anticipatory bail to the satisfaction of the Investigating Officer subject to the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure. It is, however, clarified that in case later on it transpires that the petitioner has criminal record it would be open for the State to move an application for modification/vacation of this order. Disposed of. (AJAY TEWARI) JUDGE 14.07.2011 'ravinder'