JUDGMENT
Badar Durrez Ahmed, J.
1. The learned counsel for the petitioner has argued that on the ground of parity, the accused/petitioner ought to be granted bail. The co-accused has been granted bail by an order dated 18.01.2005 passed in bail application No.62/2005 by this court. The reasons for grant of bail have been mentioned in the said order in detail and, in particular, it has been stated that prima facie the offence under Section 415 of Indian Penal Code had not been made out.
2. At the time of filing of the charge sheet originally the offence was only of 420/379/368/471 and 4/20/25 of the IT Act. Now 120-B has also been added.
3. The learned counsel for the State opposes the grant of bail on two grounds. The first ground taken was that there was a difference between the case of the present applicant and the co-accused who has been granted bail. The amount involved in the case of the co-accused, who has been granted bail, was only 5,630/- whereas the amount allegedly involved in the case of the present applicant is to the tune of Rs.7,12,749/-. The second ground that is urged by the learned counsel for the State for the non-grant of bail is that the Complainant has made a statement dated 03.02.2005 in which he has given further details of the modus operandi. He has argued that the provision of Section 415 of IPC would be applicable in the light of the statement made by the Complainant on 03.02.2005.
4. In Rejoinder, the learned counsel for the petitioner submitted that the Complainant ought to have made a statement in the first instance and it is only by way of supplementary statement on 03.02.2005 after the grant of bail on 18.01.2005 that the case is sought to be improved. He further submitted that, in any event on merits, even if the statement of the Complainant of 03.02.2005 is taken into consideration, no offence under Section 415 of Indian Penal Code is made out.
5. After having heard the learned counsel for the parties, I am in agreement with the submissions made by the learned counsel for the petitioner and accordingly direct that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the concerned trial court.
The bail application stands disposed of.