Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15553 of 2010 Petitioner :- Balendu Mishra Respondent :- State Of U.P. Petitioner Counsel :- R.P. Dubey Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Counter affidavit filed today be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the record.
Learned counsel for the applicant contended that in fact whatever
papers given to the applicant were handed over with case diary of
case crime number 63 of 1983 regarding which there was entry in
the register dated 10.5.1983. C.D. was handed over to the clerk
concerned, Mr. C.P. Srivastava of the court of Chief Judicial
Magistrate. There was entry in the register number 9 of the court
register of Chief Judicial magistrate Allahahbad.
Allegation is that the case diary was purposely not placed before
the court hence there was delay in trial. He also contended that in
reply to the aforesaid averment in para of the affidavit there is no
specific reply and denial in the counter affidavit of Mr. Anoop
Kumar, Sub Inspector.
Learned A.G.A. contended that as per instruction the papers were
not returend or handed over to any one.
Considering the submission of learned counsel for the parties,
without observation on merit it is a fit case for bail. Let the
applicant namely,Balendu Mishra be released on bail in Case
Crime No. 216 of 2008, under Section 409 IPC, P.S. Colonelganj,
District Allahabad on his furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the Court
concerned.
Order Date :- 9.7.2010
prabhat