Allahabad High Court High Court

Ram Naresh Loniya vs State Of U.P. on 23 June, 2010

Allahabad High Court
Ram Naresh Loniya vs State Of U.P. on 23 June, 2010
Court No. - 20

Case :- BAIL No. - 4488 of 2010

Petitioner :- Ram Naresh Loniya
Respondent :- State Of U.P.
Petitioner Counsel :- Ashok Kumar Mishra
Respondent Counsel :- Govt.Advocate

Hon'ble Raj Mani Chauhan,J.

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