Amar Saran, J. - (1.) Heard learned counsel for the applicant and the learned A.G.A. appearing for the State of U.P.
(2.) It has been mentioned in paragraph 24 of the affidavit to the bail application that this is the second bail application of the applicant before this Hon'ble Court for consideration of bail. Learned counsel for the applicant states that this is a typing mistake and the present one is the first bail application against the order of the learned Sessions Judge dated 28.7.2005 rejecting the applicant's bail in crime No. 489 of 2004 under Section 408 I.P.C., P.S. Cantt., district Allahabad.
(3.) In this case, the record of file of Criminal Appeal No. 2308 of 1979, which was on the list on 12.9.2003 in Court No. 38 of High Court before a Bench consisting of Hon'ble U.S. Tripathi, J. and Hon'ble M. Chaudhary, J. has become traceless. The F.I.R. in that connection was lodged on 28.10.2004, by the Registrar General of the Allahabad High Court. The applicant was the sole surviving appellant in the aforementioned Criminal Appeal No. 2308 of 1979, as Ashok Kumar the other appellant had died about 10 years back.;