Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9968 of 2009 Petitioner :- Raj Kumar Alias Raju Respondent :- State Of U.P. Petitioner Counsel :- Akash Mishra Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that the applicant was Munim
who was involved regarding irregularity and illegality as per the version of
the First Information Report. In fact he was not involved in any kind of
embezzlement. There might be some reason for irregularity in the
accounting. However, the applicant is in jail since 6.11.08. Co-accused
Sanjay has already been released on bail. He further submitted that in view of
the provision of 437(6) Cr.P.C. when the case was triable by the Magistrate
and the trial could not be completed within sixty days from the date fixed for
the evidence then the applicant was entitled to be released on bail.
In the present case 19.8.09 was fixed for the evidence. When the trial of the
case could not be completed within sixty days an application was moved for
release of the applicant. However, the same was rejected by the Magistrate on
the ground that since there was assembly election and force was busy in that
election, hence due to this reason there was delay in trial and accordingly the
application was rejected on 4.11.2009. Since then trial has not been
concluded. Now the applicant is in jail for more than 14 months.
Learned AGA opposed the prayer for bail on the ground that the case of the
applicant is different from the case of co-accused released on bail who was
only partner in the business of the applicant. Hence the applicant is not
entitled for bail.
In view of the above without any observation on merit let the applicant Raj
Kumar alias Raju be enlarged on bail on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the court concerned
in Case Crime No.489 of 2008 under Section 419, 420, 406, 352, 504, 506
I.P.C. PS Kotwali District Etawah.
Order Date :- 12.1.2010
Rk