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Judgment
Sanjay Prasad, J
The present bail application has been filed on behalf of the petitioner in connection with Parsudih P. S. Case No. 35 of 2024, registered for the offence under Section 394 of the Indian Penal Code.
As per the FIR, it is alleged by the informant that some unknown persons assaulted the informant while he was returning and his yellow colour scooty, purse, Voter I. D. Card, ATM Card, silver chain and Driving License etc. were looted.
Heard learned counsel for the petitioner and learned APP for the State.
It is submitted by the learned counsel that the petitioner is innocent and has committed no offence. It is submitted that the name of this petitioner has surfaced in this case on the basis of confessional statement of co-accused Md. Tausif and Sk. Irshad, which has been pointed out by the learned Court below in the impugned order. It is submitted that at best this is a case of purchasing of scooty on Rs. 7,000/- from the co-accused persons. It is submitted that the petitioner is in custody since 05.04.2024 and as such, he may be enlarged on bail.
On the other hand, learned counsel for the State has opposed the prayer for bail and has submitted that though the petitioner is not named in the FIR, but his name has come on the basis of confessional statement of co-accused Tausif and Sk. Irshad, which has been mentioned in para- 32 and 35 of the case diary. It is submitted that even the petitioner has himself confessed that he used to purchase the theft vehicle and has purchased the looted scooty. It is submitted that the petitioner has got one criminal antecedent and as such, the prayer for bail of the petitioner may be rejected.
Perused the FIR and the impugned order and considered the submission of both the sides.
It transpires from the First Information Report that while the informant was returning between 2.30 A.M at night from the hotel after taking meal, then he was assaulted by some unknown person near Railway Hospital and due to which he fell unconscious and his scooty, mobile phone, purse, Voter I. D. Card, ATM Card, silver chain and Driving License etc. were looted.
From perusal of the impugned order passed by the learned Court below, it would appear that name of the petitioner has surfaced on the basis of confessional statement of co-accused Md. Tausif and Sk. Irshad and Sk. Irshad has stated that he had handed over the scooty to this petitioner on consideration amount of Rs. 7,000/-.
Considering the facts and circumstances of the case, the petitioner- Md. Firoz @ M. D. Firoj 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 learned Additional Chief Judicial Magistrate, Jamshedpur or his Successor Court in connection with Parsudih P. S. Case No. 35 of 2024 subject to the condition that one of the bailors must be own relative of the petitioner.