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Judgment
D.N. Upadhyay, J.—The Petitioner is an accused in a case registered under Sections 147, 148, 149, 323, 302, 452, 364, 121, 121A, 122 and 123 of the Indian Penal Code; Section 17/18 of the C.L.A Act and Sections 3/4/5/20/21 of POTA.
There is allegation that MCC, members of extremists armed with deadly weapon entered into the house of informant and dragged out the two brothers Yamuna Singh and Chandrapal Singh, and both were done to death. During investigation, the complicity of the Petitioner has come in light and he was remanded in this case on 14.5.2008.
It is submitted that other co-accused like, Kuldip Singh, having similar allegation, has been granted bail by this Court vide B.A. No. 2487 of 2008. The name of this Petitioner has come in the confessional statement of co-accused Nakul Jee @ Nakul Yadav. Besides confessional statement, there is nothing against him.
Learned Counsel for the State does not opposed the prayer for bail.
From perusal of the confessional statement of Nakul Jee @ Nakul Yadav, recorded in paragraph 166 of the Original Case Diary, it appears that name of Petitioner has come in light but the Investigation Officer has not collected cogent evidence against the Petitioner to justify his detention. Since, other co accused has been granted bail by this Court, the Petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Fast Track Court Lohardaga in connection with S.T No. 123 of 2008.