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Judgment
Rajesh Kumar, J
Heard learned senior counsel for the applicant and learned A.P.P. for the State.
The applicant, who is in custody since 22.10.2020, has approached this Court for grant of regular bail in connection with S.T. No.38 of 2021 arising out of Hansdiha P.S. Case No.5 of 2016 (G.R. No.166 of 2016) registered for the offence under Section 394 of the Indian Penal Code. Charge sheet has been submitted under Sections 395,412 and 120(B) of the Indian Penal Code.
The informant has been robbed for a sum of Rs.3,00,000/- by three unknown miscreants as disclosed in the FIR but after investigation robbery has been converted into dacoity.
Innocence has been claimed and participation in the trial has been assured. It has been submitted that there is no material save and except the confessional statement. The applicant has no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 28.07.2022 passed in B.A. No.7451 of 2022. On the above facts, prayer for bail has been made.
On the other hand, learned A.P.P. has opposed the prayer for bail. Considering the fact that there is no material save and except the confessional statement, 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 District & Addl. Sessions Judge-III Dumka, in connection with S.T. No.38 of 2021 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.