ASLAM MUSTAFA SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) Learned Counsel for applicant submitted that co-accused Mohd. Shabir Shah alias Muneem has been granted bail by a co-ordinate Bench of this Court vide the order dated 15.7.2009. Learned Counsel also submitted that the truck in question has been recovered and the offence being triable by a magistrate court is compoundable and punishable only upto three years. Learned Counsel also submitted that the applicant was employed as a driver of truck by the author of F.I.R, being owner of the vehicle, who refused to pay charges for mechanical check-up of the truck. On the apprehension that the truck would be sold by the mechanic to somebody else towards realisation of his charges, the F.I.R was lodged and accused applicant was involved in the offence. The police has already put up a challan under Sections 406 and 411 IPC and the trial of the case is likely to take some time. Learned State Counsel, on the other hand, submitted that the applicant, being the driver of truck has committed a criminal breach of trust, and it being a serious matter, his application for bail deserves to be rejected.

(2.) In view of the above, without expressing any opinion on merits of the case, application for grant of bail is accepted and it is directed that applicant Aslam Mustafa Siddiqui, son of Sri Mustafa, shall be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial court.