Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number on the basis of cases registered against him for like offences. But he is on bail in Bail Application No. 1061 of 2018 in Case Crime No. 34 of 2018, u/s 41/411, 420, 467, 468, 471 P.S. Swaroop Nagar, Kanpur Nagar, and in Bail Application No. 1066 of 2018 in Case Crime No. 243 of 2017, u/s 66 D of I.T. Act and 420, 467, 468, 471 I.P.C., P.S. Swaroop Nagar, Kanpur Nagar. This case crime number was got registered against unknown person on the information of Sachin Shukla at P.S. Graltoli, District Kanpur Nagar, with this accusation that someone has syphoned money in the tune of Rs. 3992/-, 5000/1000/- and 101/ from his Account No. 2893000400000206 on 9.12.2017 at 17.35 hours. This was investigated and that amount was returned back to the account of informant from the Bank in which it was transferred i.e. no loss to informant was there and nothing incriminating regarding this case crime number was recovered from the possession of the applicant. Rather alleged recovered article was of erstwhile case crime number got registered against applicant and one co-accused Mansoor with accusation of joint possession. In that case crime number the applicant is on bail. The offence is exclusively triable by Magistrate of First Class. His bail has been rejected by Additional Sessions Judge without considering those facts. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
