Court No. - 8 Case :- BAIL No. - 534 of 2010 Petitioner :- Ankit Srivastava Respondent :- State Of U.P. Petitioner Counsel :- Santosh Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A., learned counsel for
the complainant Sri Prem Chand Gupta and perused the F.I.R. and other
relevant papers filed in support of the bail application.
Counter affidavit filed by learned counsel for the complainant, is taken on
record.
The submission of learned counsel for the applicant is that, as alleged, the
applicant was working under co-accused Rakesh Pandey and admittedly
Rs.7,00,000/- were mis-appropriated. Rs.4,00,000/- has already been returned
back to the company by co-accused Rakesh Pandey and as alleged
Rs.50,000/- which were given to the applicant, the applicant has returned
Rs.39,600/-. It is further submitted by learned counsel for the applicant that
post dated cheques of Rs.2,60,000/- has been obtained from the accused-
applicant. These facts are admitted by learned counsel of both the parties. It is
submitted by learned counsel for the applicant that the offences so levelled
against the accused-applicant are triable by magistrate. The applicant is in jail
since 30.11.2009 and is a young boy of 21 years and has no previous criminal
history, as averred in para 41 of the bail application.
Considering the overall aspects of the matter and without entering into the
merit of the case, I hereby provide that the applicant, Ankit Srivastava be
released on bail in Case Crime No.1300/2009, under Sections 420, 406, 467,
48, 471, 506 I.P.C., P.S. Gomti Nagar, District Lucknow, on his filing a
personal bond and two sureties each in the like amount to the satisfaction of
the court concerned/remand magistrate.
Order Date :- 28.1.2010
Kpy
