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Judgment
S.S. Mishra
This is an application under Section-439 Cr.P.C.
The petitioners are languishing in jail custody since 13.01.2023. On the basis of the allegations that the accused persons have broken the Bolero vehicle and took away about Rs.28,60,000/-, the present F.I.R. is lodged against them for the offence under Section-395 IPC. Except the confessional statement, nothing has come on record to establish the guilt of the petitioners.
Mr. Maharaj, learned Additional Standing Counsel appearing for the State submits that the T.I. Parade has not been conducted in this case. No other materials are also found on the record and no recovery has been made in this case.
Taking into consideration the aforementioned facts and submissions made by learned counsels at the Bar, especially the nature of accusation, circumstances in which the offence alleged to have been committed and hardly any material being there to suggest that the petitioners are likely to abscond or tamper with the prosecution evidence, if enlarged on bail, I am of the view that the petitioners in this case deserve to be released on bail.
Hence, the petitioners be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that they shall cooperate with the investigation and shall not tamper with the evidence in any manner.
Violation of the aforesaid conditions may entail consideration for cancellation of the bail granted to the petitioners.
The BLAPL is accordingly disposed of.
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