Kamal Singh and Another vs State of U.P. and Another

S.C. Agarwal, J.—Vakalatnama filed by Sri R.K. Mishra, learned Counsel on behalf of Respondent No. 2 is taken on record.

Heard Sri Sanjay Singh, learned Counsel for the Petitioners, Sri R.K. Mishra, learned Counsel for the Respondent No. 2, learned A.G.A. for the State and perused the record.

The Petitioners were -summoned to face trial u/s 406, I.P.C. and were released on bail by the Magistrate. After recording the evidence of the complainant and his witness u/s 244, Code of Criminal Procedure, the Magistrate found that prima facie case under Sections 406, 504, 506, I.P.C. is made out against the Petitioners. The Petitioners were on bail u/s 406, I.P.C. only and, therefore, they were directed to get bail under Sections 504, 506, I.P.C. also.

The grievance of the Petitioners is that the date and place, when and where the amount was paid to the accused, were not mentioned in the complaint, but later on it was somehow interpolated in the complaint.

Learned Counsel for Respondent No. 2 submitted that on the basis of complaint and the statements of P.W. 1 and P.W. 2 recorded during trial, prima facie case under Sections 406, 504, 506, I.P.C. is made out against the Petitioners and the order passed by the Magistrate and the Sessions Judge do not require any interference.

A perusal of the statement of complainant recorded as P.W. 1 reveals that a sum of Rs. 40,000 was paid by the complainant to the Petitioners for getting employment for the complainant, but the complainant did not get employment and money was not returned to him.

In these circumstances, I do not find any good ground for interference. The orders passed by the Magistrate and the Sessions Judge are fully justified.

Since the Petitioners are on bail u/s 406, I.P.C., they need not file another bail application under Sections 504, 506, I.P.C. and it would be sufficient compliance of the order of the Magistrate? if the Petitioners file fresh bail bonds within three weeks from today under Sections 406, 504, 506, I.P.C. to the satisfaction of the Magistrate concerned.

With these directions, the writ petition is finally disposed of.