JUDGMENT
Ravindra Singh , J.
1. Heard Sri Rajeshwar Singh & Mr. Vinai Singh learned counsel for the applicant, and the learned A.G.A.
2. This is the second bail application. The first bail application No. 14702 of 2004, filed by the applicant was rejected by Hon. S.S. Kulshreshth , J in the non-appearance of the counsel for the applicant in case Crime No. 291 of 2004 P.S. Dadari District Gautambudh Nagar.
3. From the perusal of the record, it reveals that a F.I.R. was lodged by Rama Shanker Jha at Police Station Dadri on 29.4.2005 under Sections 420 and 406 I.P.C.
4. The prosecution story in brief is that the applicant is a truck driver. The F.I.R. was lodged against him and the Truck Co-accused Dharamvir Pandit alleging that the first informant was the manager of Raman Kumar Jha Frieght Carreer Pvt. Ltd, 95- Khanna Market Tees Hazari, Delhi. On 21.5.2004, the Truck No. HR-38, 6925 was booked loaded and loaded by Plastic Dana from Haldia Branch of his company to Relax Agency Noida. The applicant was the driver of the aforesaid truck and its owner was co-accused Dharambir Pandit but the truck did not reach to its destination Its information was given to the first informant then the first informant gave the information to the Haldia Branch of his company. Thereafter the great search was made and the Truck was recovered from G.T. Road near Bulandshahar. It was found unloaded. The loaded goods were disposed of by the applicant and the owner of the Truck and they have misappropriated the same.
5. It is contended by the learned counsel for the applicant that the applicant is the Driver of the Truck. He has no concern with the alleged offence and the applicant was not the driver on the day of the alleged occurrence because he has gone to his home to participate in the funeral of his elder mother who had died on 20.5.2005 and that truck was driven to another driver.
6. It is opposed by the learned A.G.A. by submitting that it is the plea of the defence which could be tested at the stage of the trial if because the applicant was the driver of the truck and the property was entrusted to him which has been misappropriated by him also.
7. In view of the facts and circumstances of the case, the submissions made by the counsel for the applicant and the learned A.G.A., the applicant is not entitled to be released on bail.
8. Accordingly this bail application is rejected at this stage.