Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. The looted motorcycle was recovered from the possession of co-accused Rahul and Bechu Chaurasia. The name of the applicant surfaced from the confessional statement of the co-accused. It was further submitted that the applicant was not put up for identification by the witnesses and he is in jail since 15.10.2011.
Learned A.G.A. opposed the prayer for bail and submitted that there is a criminal history of the applicant.
The criminal history can be one of the ground for rejecting the bail, but it cannot be sole ground for rejecting the bail of the applicant.
Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
Let the applicant Munna @ Raj Kumar Ojha involved in Case Crime No. 83 of 2011, under Sections 394, 411 IPC, P.S. Moti Ganj, District-Gonda be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 29.2.2012 Ashish Nayan