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Judgment
The accused/applicant seeks grant of regular bail in case FIR no. 292/2023 of PS Nangloi for offence under Section 392/395/397/120-B/411/34 of IPC & 25/27/59 Arms Act. Broadly speaking, the allegation against the accused/applicant is that he was one of the accused persons who looted a jewellery shop at gunpoint and all the assailants were in muffled face at the time of the alleged robbery. According to prosecution, three persons namely, Paramjeet, Abhishek and Nitesh, all residents of Rohtak were arrested by the Special Staff in some other case and they disclosed having committed the offence of robbery for which the present FIR was registered. Two more persons in the case being investigated by Special Staff were Rajat and the present accused/applicant. Those two persons were also arrested on 08.04.2023.
It is contended by learned counsel for accused/applicant that he is innocent and is in jail since 08.04.2023.
Learned APP assisted by IO/SI Ankit submits that the only evidence collected by the IO during investigation against the accused/applicant is recovery of his sandal. Further, learned APP submits that testimony of the complainant de facto is being recorded before the Trial Court where, on the basis of CCTV footage, the complainant de facto would identify the accused/applicant in dock. It is submitted that the accused/applicant refused to participate in TIP.
So far as the issue of identification is concerned, admittedly at the time of alleged offence, all assailants were in muffled face.
Admittedly, the only evidence collected against the accused/applicant is that he got recovered his sandal.
Considering the above circumstances, the application is allowed. The accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial court. Pending application stands disposed of.
Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.