Sunil Tudu vs Union Of India (Through Nia) on 13 January, 2025
(iv) Further, Petitioner was also identified by sole surviving
constable driver Sukhlal Kudada who was eye witness of the
instant crime who identified the petitioner during TIP carried
out in presence of learned Judicial Magistrate on 7.1.2020.
therefore, appellant's prayer for bail is fit to be dismissed u/s
43D (5) of the UA (P) Act as prima facie there is enough
materials available against the petitioner.
(V) It has further been submitted that the ratio of judgment
relied upon by the learned counsel for the appellant as
rendered by the Hon'ble Apex Court in the case of Union of
India Vs. K.A. Najeeb (Supra), is not applicable in the instant
case, reason being that in the aforesaid case, nature and
background of the offence was different.