Grant of bail based on lack of incriminating evidence and prolonged custody.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 413, 414 of the Indian Penal Code .

3. It is a case of recovery of one stolen motorcycle from the possession of co-accused Jumman Ali.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the present case. The petitioner is neither named in the F.I.R., nor any incriminating material has been recovered from his possession. His implication rests solely on the confessional statement of co-accused Jumman Ali. It is further submitted that although charge has already been framed against the petitioner, not a single witness has been examined till date. Moreover, the petitioner has been in custody since his remand on 04.11.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Palasi P.S. Case No. 275 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge IV, Araria, with following conditions:-

(i) One of the bailors should be close relative/family member of the petitioner. (ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J)

Nirajkrs/- U T