RAM GOPAL PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Satish Kumar Tyagi, learned counsel for the applicant and learned A. G. A. for the State.

(2.) THE applicant is in jail in connection with offences under Sections 379, 420, 467, 468, 471, I. P. C. The allegation against the applicant is that he had opened a current account on 18. 3. 2004 in the name of Security Corporation India vide Account No. 412955806 (current) Indian Bank Greater Kailash I, Delhi. The complainant alleged that the applicant used to steel cheques from the office of complainant, C First Mahadeo Market Nayabas Sector 15 Noida. The said cheques were deposited in the fictitious account opened by the applicant and money was withdrawn, which was utilized for his personal use. The complainant suspected involvement of some employees of his office as well. A list of various cheques of different banks for different amount has been detailed in the first information report. The amount for which the complainant is alleged to have been cheated, was initially Rs. 87,000 and odd but subsequently the amount escalated to Rs. 11,61,810. The total amount came to light at'subsequent stages and, therefore, initially the total amount was not correctly mentioned in the first information report. Learned counsel has claimed bail on the basis of Section 437(6), Cr. P. C. which reads as under:

(3.) TAKING into consideration all the aspects and submissions of the learned counsel and also on perusal of the order sheet, it is correct that the applicant is in custody which exceeds the period of 60 days after the first date of evidence had commenced and the case is triable by a Magistrate, besides there is no criminal history of the applicant, I am of the considered view that the applicant be released on bail subject to an undertaking filed by the applicant the Chief Judicial Magistrate concerned with an unequivocal assertion that he will fulfill following conditions: