Kumari Pooja @ Pooja Kumari vs Nandan Kumar @ Munna

Heard the learned counsels appearing for the parties and

perused the documents on record.

Throwing a doubt over the prosecution case on

complicity of the petitioner, Sri Anurag Kashyap, the learned

counsel for the petitioner submits that initially four accused persons

gave their confessional statement however, they did not name the

petitioner as a co-accused, but subsequently two more co-accused

persons were arrested who allegedly disclosed alleged complicity of

the petitioner in the offence and, thus, the petitioner has been

falsely implicated in this case. The petitioner claims that neither a

Test Identification Parade was conducted nor for long six years there

was any whisper about his complicity in the crime. He is in judicial

custody since 06.01.2017. Other co-accused persons have been

granted bail in B.A. No.4116 of 2017.

The learned APP opposed the prayer for bail.

Having regard to the facts and circumstances of the case,

the petitioner, above-named, is directed to be released on bail on

furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two

sureties of the like amount each to the satisfaction of the learned

1st Additional Sessions Judge, Latehar in connection with Daltonganj

Rail P.S. Case No. 15/2009 corresponding to G.R. No. 823/2009

(S.T. No.49 of 2017).

The instant application is allowed. Let a copy of the

order be transmitted to the trial Court through ''Fax''.