Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29302 of 2009 Petitioner :- Amit Mehrotra Respondent :- State Of U.P. Petitioner Counsel :- S.K. Dubey Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
This is the second bail application.
On 15.2.2010 three weeks’ time was allowed for filing counter affidavit
to learned AGA, thereafter, on 26.2.2010 again time was allowed for
filing counter affidavit, however, till date no counter affidavit has been
filed.
The first bail application was rejected by Hon’ble Rajesh Chandra, J. on
21.7.2009. On 26.2.2010 the case was released. Thereafter, on
10.3.2010 the Hon’ble Acting Chief Justice, passed the order to list
before the appropriate Bench, hence the present bail application has
been listed before this Court.
Heard learned counsel for the applicant, learned AGA and perused the
record.
Learned counsel for the applicant submitted that when the first bail
application was argued at that time the statement of account from the
bank was not available, hence the same could not be placed. However,
the trial is still pending and even the charges has not been framed as yet
in the present case. In the present case, the applicant is in jail since
22.4.2009. He further contended that the applicant was employee of the
informant and according to his instruction the payment was being made.
According to his instruction some times the cheques were also
deposited in the account of the applicant. From perusal of the bank
account, annexure 5 to the application, it is clear that number of
transactions shows that from time to time, payment was made either to
the firm of the complainant or to those firms with whom the informant
has business relation and was required to make payment. There were
number of cash withdrawals, which was paid to the informant and
during that period there was no complaint. However, when the applicant
left the service then on the basis of false allegation and concocted story,
first information report, was lodged. There is no criminal history of the
applicant. He further submits that there is no chances of misuse of bail,
if applicant is released on bail.
In view of the above, without expressing any opinion on merit, let the
applicant Amit Mehrotra be enlarged on bail on his furnishing a
personal bond with two sureties each in the like amount to the
satisfaction of court concerned in Case Crime No.46 of 2008, under
Sections 406, 419, 420, 467, 468, 471 IPC, P.S. Anwarganj, District
Kanpur Nagar.
Order Date :- 2.4.2010
Pramod