Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Ram Naresh Loniya is involved and detained in Case Crime No. 432 of 2009, under Sections 379 and 411 I.P.C., from Police Station Bisheshwer Ganj, District Bahraich. The submission of learned counsel for the applicant is that the applicant is not named in the FIR. The co-accused Rajesh Verma was arrested by the police of P.S. Bisheshwer Ganj on 24.06.2009 along with the stolen motorcycles. He in his confessional statement had stated that accused Ram Naresh Loniya ( present applicant) was pillion rider on his motorcycle .The only evidence against accused applicant is of confessional statement of the co-accused which is not admissible in evidence against him. The accused applicant is in jail since last one year. Therefore, he deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, accused applicant may be released on bail.
Let applicant Ram Naresh Loniya be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 23.6.2010 Amit