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Judgment
The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.596/2021 registered in Police Station Dongaregarh, District Rajnandgaon for offence under Section 395, 397, 405, 342 of the IPC, Sections 25 & 27 of the Arms Act and Section 3 of the Lok Sampatti Niwaran Adhiniyam
This is the 3rd bail application on behalf of the applicant. The first bail application was dismissed as withdrawn with liberty to file after examination of seizure witnesses vide order dated 28.4.2022 passed in MCRC No.921/2022 and the second bail application was also dismissed as withdrawn with liberty to file after examination of memorandum and seizure witnesses.
Learned counsel for the applicant submits that one Hira Singh, seizure witness, has been examined and he has not supported the case of the prosecution. He further submits that co-accused persons have been granted bail by the coordinate Bench. The applicant is in jail since 20th October, 2021, therefore, he may be released on bail.
On the other hand, learned State Counsel would oppose the bail application. However, he fairly admits that the case of the present applicant is not different from other co-accused persons, who have already been released on bail. On being asked, learned State Counsel submits that no test identification parade has been conducted during investigation.
Having considered the submissions of the parties, also considering the facts and circumstances of the case, the nature of allegations, particularly considering that other co-accused namely, Pawan Sonkar, Rakesh Yadav and Bobby Patel have already been released on bail vide order dated 16.9.2022 passed in MCRC No.6849/2022, order dated 31.3.2022 passed in MCRC No.1434/2022 and order dated 13.5.2022 passed in MCrC No.2866/2022, respectively, and without commenting anything on the merits of the case, this Court is inclined to release the applicant on bail.
Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with two sureties for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.