BRIJESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Manish Tiwari and Sri A.K. Awasthi learned Counsel for the applicant and learned A.G.A.

(2.) THIS application is filed by the applicant with a prayer that he may be released on bail in case crime No. 85 of 2005, under Sections 420, 406 I.P.C., P.S. Sirsaganj, Firozabad.

(3.) IT is contended by the learned Counsel for the applicant that the applicant was not having any knowledge in respect of loading of the goods of the first informant and he was not present at the Bhaiya Transport Company when the truck was loaded and he has not made any signature on any paper. Even at the time when the truck was intercepted by the police Vikasnagar, Lucknow. The applicant was not present there. His driver and Cleaner were present there, who were arrested. The allegation that when the truck was inspected it was bearing two number plates. The number plate of front side was bearing number as UP -78 -AN -5908 and the number plate of rear side was bearing number UP -78 -F -8377 and there is no other evidence against the applicant to show that he had sold the goods of loaded truck at Shivpur and the cost of goods was misappropriated by him. It is further contended that when the truck was inspected it was bearing correct number plates. The front number plate was fake and no recovery of the alleged goods was made any where and the applicant was not put up for identification.