Heard learned counsel for the applicant and the learned A.G.A. for the State. This application has been filed on behalf of the applicant Asit Kumar Basu Rai who is accused in Case Crime No. 1113 of 2009, under Sections 419, 420, 467, 468, 471, 406 I.P.C., registered with P.S. Kotwali, District Etah for being enlarged on bail during the pendency of the trial.
It is contended that the amount of Rs. 6,00,000/- in respect of which the offence of breach of trust has been allegedly committed by the applicant and other co-accused has been deposited by the co-accused Vikas Yadav in the bank and he admitted in writing that the aforesaid amount had been erroneously transferred by him from the account of Sri Shailesh Chandra Upadhyaya to the account of some other account holder and in this view of matter the applicant cannot be convicted for the offence with which he has been charged. At the most a case of negligence is made out against the applicant .
He next contended that the applicant has no criminal antecedents and he in in jail since 25.2.2010.
The bail prayer has however been opposed by the learned A.G.A.
Considering the nature of submissions made on behalf of the applicant and the fact that the applicant has no criminal antecedents, this court is of the view that the applicant is entitled to be enlarged on bail.
Let the applicant Asit Kumar Basu Rai son of Shri Gaur Hari Basu Rai involved in Case Crime No. 1113 of 2009, under Sections 419, 420, 467, 468, 471, 406 I.P.C., registered with P.S. Kotwali, District Etah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
I.The applicant shall record his attendance before the concerned C.J.M. on the 7th day of every month.
II.The applicant shall not tamper with the prosecution evidence. III.The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 15.6.2010 vks