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Judgment
9 paragraphs · 348 wordsRajesh Kumar, J
Heard the parties.
The applicant, who is in custody since 19.01.2023, has approached this Court for grant of regular bail.
The applicant is an accused of committing offence under Sections 147, 148, 149, 341, 323, 307, 120B, 504 and 326 IPC and Sections 25 (1-b)a, 26, 35 and Section 27 (II) of the Arms Act.
It has been submitted by the counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.
Innocence has been claimed and participation in the trial has been assured. It has been submitted that save and except confession of the co-accused and overheard by one of the witnesses, there is no material against this applicant. On the above facts, prayer for bail has been made.
On the other hand, learned A.P.P. has opposed the prayer for bail referring to the statements of the witnesses, who have over heard the conspiracy being made by the co-accused and they have taken the name of the applicant that he has commanded for committing murder.
Having heard learned counsel for the applicant, learned A.P.P. and from the perusal of the record, it appears that conspiracy was being made in the open field, which is doubtful and save and except confession of the co-accused, there is no material available on the record against the applicant. Further the investigation is complete.
Considering the above facts, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, above named, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Dhanbad, in connection with Kenduadih P.S. Case No.132 of 2022 on the condition that the applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.