SANTOSH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.P.P. for the State.

(2.) This third bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with Birni P.S. Case No.44 of 2022 (S.T. Case No.295 of 2022) registered under Ss. 395/412 of the Indian Penal Code pending in the court of learned Additional Sessions Judge-IX, Giridih.

(3.) Learned counsel for the applicant has submitted that earlier twice the prayer for bail of the applicant was rejected by this Court vide orders dtd. 3/6/2022 and 4/11/2022 passed in B.A. Nos. 5335 of 2022 and 9729 of 2022 respectively. By way of present bail application, the applicant has renewed his prayer for bail, primarily for the reasons that while pursuing the first bail application of the applicant, the former counsel has not brought this fact to the notice of the Court that TIP was conducted belated. Even this ground was not taken at the time of pressing the second bail application. It is further submitted that the applicant has been languishing in jail since 5/3/2022 and the charge has been framed by the learned trial court but till date no witness has been examined. It is also submitted that similarly situated co-accused persons namely, Monu Verma and Vikas Kumar Saw @ Vikas Saw have already been granted bail by the different co-ordinate Bench of this Court vide orders dtd. 7/7/2022 and 21/12/2022 passed in B.A. Nos.5012 of 2022 and 10750 of 2022 respectively.