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Judgment
9 paragraphs · 338 wordsRajesh Kumar, J
Heard learned counsel for the applicant and learned counsel for the State.
The applicant, who is in custody since 30.10.2021, has renewed the prayer for grant of regular bail in connection with Barhi P.S. Case No.116 of 2021.
It appears that this applicant has been made an accused for committing the offence under Sections 395/ 412 of the Indian Penal Code.
Earlier, the bail application of this applicant was rejected vide order dated 15.06.2022, passed in B.A. No.2064 of 2022.
It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.
Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that he has been apprehended at Ormanjhi for which a separate case has been lodged for the offence under Section 412 of the I.P.C in which four witnesses have already been examined, but none of them have identified this applicant. In the present case charge has already been framed on 03.06.2023, but till date not a single witness has been examined. On the above basis, prayer for bail has been made.
Learned counsel for the State has opposed the prayer for bail.
Considering the above facts and the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Hazaribag in connection with Barhi P.S. Case No.116 of 2021, subject to 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.
