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12_BA_470_25.doc

5. Learned Counsel for the applicant submitted that the identity of the unknown person mentioned in the FIR has not been established in the Test Identification Parade, and apart from the confessional statement recorded under Section 18 of the MCOC Act, there is no substantive material on record to directly implicate the applicant. It is further submitted that the said confessional statements have already been retracted. The applicant is a first- time offender and has no criminal antecedents. On these grounds, the learned counsel prayed for grant of regular bail to the applicant.

6. On the other hand, the learned APP strongly opposed the application and placed reliance upon the confessional statements recorded under Section 18 of the MCOC Act. She pointed out that the Avenger motorcycle referred to in the FIR has been recovered during the course of investigation, along with cash amounting to ₹4,500/-, which was allegedly part of the robbed amount. It is, therefore, contended that sufficient prima facie material exists against the applicant, and considering the serious nature of allegations and the applicability of the MCOC Act, the applicant does not deserve to be enlarged on bail at this stage.

7. I have given my anxious consideration to the submissions advanced on behalf of the applicant and the learned APP and have perused the material placed on record including the FIR, statements under Section 18 of the MCOC Act, recovery panchnamas, and other investigation papers.

8. At the outset, it is to be noted that though the FIR alleges 12_BA_470_25.doc serious overt acts attributed to the applicant and other co-accused persons, the identity of one of the alleged assailants remains unestablished through any Test Identification Parade. Furthermore, the applicant herein has already retracted his confessional statement recorded under Section 18 of the MCOC Act.