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Judgment
Heard the learned counsels appearing for the parties and perused the documents on record.
Contending that the petitioner who was not named in the First Information Report, however, named by co-accused Sanjay Ganjhu in his disclosure statement who has already been granted bail by an order dated 07.02.2017 in B.A. No. 10220 of 2016, has been remanded in this case on 20.05.2015 on mere hearsay evidence, the learned counsel for the petitioner submits that neither Test Identification Parade was conducted in which the witnesses could have identified the petitioner as the person who participated in the crime nor any incriminating article has been recovered from his possession.
Opposing the prayer for grant of bail, the learned A.P.P. submits that Test Identification Parade was, infact, conducted, however, jointly for all the recovered items and some of the witnesses have identified the petitioner. On this, the learned counsel for the petitioner submits that even co-accused Sanjay Ganjhu was identified by the informant, however, this Court in B.A. No. 10220 of 2016 has been pleased to grant bail to him.
Having regard to the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail, if he is not wanted in any other criminal case, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, one of the bailors shall be a close relative of the petitioner, to the satisfaction of the learned District and Additional Sessions Judge-V, Chatra in connection with S.T. Case No. 132 of 2015 arising out of Simariya P.S. Case No. 69 of 2015 corresponding to G.R. No. 649 of 2015, on the following conditions:
(i) he shall appear during the trial in all the criminal cases registered against him on each and every date of hearing, but for exceptional circumstances for which he shall move appropriate application before the trial Court, (ii) he shall report before the Officer-in-charge, Simariya Police Station on every Sunday at 9 a.m. failing which his bail shall be cancelled forthwith, and (iii) he shall not change his residence without prior permission of the Court. 5. The instant application is allowed. Let a copy of this order be transmitted to the trial Court through FAX.