Allahabad High Court
Tej Bahadur Singh & Another vs State Of U.P. on 25 January, 2010
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
Court No. - 8 Case :- BAIL No. - 458 of 2010 Petitioner :- Tej Bahadur Singh & Another Respondent :- State Of U.P. Petitioner Counsel :- Bireshwar Nath Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate Sri I.P.Singh, learned counsel for the complainant and perused the F.I.R. and other relevant papers on record.
The applicants are not named in the F.I.R. The applicant no.1 Tej Bahadur Singh was authorised to look after affairs of the mill by his wife Smt. Phool Kumari, who is the proprietor of M/s Rohit Udyog, which is a rice mill. The applicant no.2 is working as clerk in that mill. The allegation against the accused-applicants is that 1607.25 quintals of rice was misappropriated. Learned counsel for the applicants submits that the allegations so levelled against the accused applicants are false and frivolous. It is submitted by learned counsel for the applicants that initially the F.I.R. was lodged under sections 409/420 IPC read with 3/7 Essential Commodities Act but after further investigation, section 467/468/471 IPC were added. Learned counsel submits that no offence under section 409/420/467/468/471 IPC and section 3/7 Essential Commodities Act is made out against applicant. There is no illegality in the records of M/s Rohit Udyog. It is submitted by learned counsel for the applicant that the applicants are in jail since 16.9.2009 and have no previous criminal history, as averred in para 37 of the application.
Sri I.P.Singh, learned counsel for the complainant vehemently opposed the bail application.
Considering the facts and circumstance of the case, let the applicants Tej Bahadur Singh and Ram Pyare Goswami be released on bail in case Crime No.350 of 2008 under sections 409/420/467/468/471 IPC read with 3/7 Essential Commodities Act P.S.Motigarpur District Sultanpur on their filing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate.
Order Date :- 25.1.2010 kvg/-