Heard learned counsel for the applicant and learned A.G.A. for the State. The accused-applicant Sukhvindar Singh alias Khilendra Singh is involved and detained in Case Crime No. 1291 of 2009, under Section 379 and 411 I.P.C., from Police Station Kotwali Nagar, District Faizabad The submission of learned counsel for the applicant is that the accused was not named in the FIR. As per version of the first information report, the vehicle of the complainant Smt. Sobha Mishra, Assistant D.G.C. (Crl.) Faizabad i.e. Maruti 800 Car bearing no. U.P. 42 K-5625 was stolen by unknown accused from her residence, station road, Ayodhya, Faizabad on the night of 28/29.06.2009. The said Maruti Car was found by S.I. Incharge of out post Sonbarsha P.S. Chauri Chaura district Gorakhpur on 30.06.2009 at Futhawa road as unclaimed. He seized the vehicle and took the same to police station Chauri Chaura. The Investigating Officer of the case on receiving the information of recovery of the vehicle proceeded to Gorakhpur and on the information of informer arrested the accused applicant along with another accused. The accused are said to have confessed that they had stolen the vehicle and they were going to Bihar to sell the same. When they were on the way they parked the vehicle as it had developed some mechincal problem. In the meantime, the police reached there and seized the same. They were not present near the vehicle.
The learned counsel submits that accused was not arrested on the spot along with the stolen Maruti Car. He was named by the witness who is said to have running tea stall near the place where the stolen car was found. He has stated that accused were seen near the car. The accused are said to have made confessional statement before the Investigating Officer but such statement is not admissible in evidence. The statement of witness is not sufficient to connect the accused with alleged theft. The accused, therefore, 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 as well as the fact that neither the accused was seen while committing theft of the car nor he was arrested on the spot along with stolen car, without expressing any opinion on the merits of the case, accused applicant may be released on bail.
Let applicant Sukhvindar Singh alias Khilendra Singh 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 :- 25.6.2010 Amit