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Judgment
Heard the learned counsels appearing for the parties and perused the documents on record.
The petitioner has been made an accused in Hanwara P.S. Case No.10 of 2017, registered for offence punishable under Sections 302/376/452/34 IPC .
Contending that name of the petitioner transpired in the confessional statement of co?accused? Din Dayal Singh who had earlier disclosed the place where the incriminating articles were concealed, the learned counsel for the petitioner submits that the alleged statement of the petitioner before the police indicating the same place from where incriminating articles were recovered cannot be taken as a fact discovered under Section 27 of Evidence Act. It is submitted that the petitioner, who is in judicial custody since 05.02.2017, deserves bail in the instant application.
Mr. R.K. Sinha, the learned counsel appears for the informant. Opposing the prayer for grant of bail, Mr. Krishna Shankar, the learned A.P.P. submits that the petitioner and co?accused? Din Dayal Singh both were arrested on the same day, that is, on 05.02.2017. At the instance of the accused persons incriminating articles were recovered. The petitioner is facing charge for offence under Sections 376 and 302 IPC .
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to this petitioner and accordingly, this application stands dismissed.