Vijay Kumar Verma, J. - (1.) SRI Dharam Vir Singh, Advocate, has filed memo of appearance on behalf of applicant. Earlier engaged counsel SRI Amit Mishra is not present to argue on the bail application. Hence SRI Dharma Vir Singh, Advocate, is permitted to appear on behalf of applicant as counsel.
(2.) HEARD Sri Dharam Vir Singh, Advocate, appearing for the applicant; Sri Himanshu Upadhyay, counsel for the complainant and AGA for the State and also perused the record An FIR was lodged by the complainant Radha Raman, s/o Santosh Kumar on 24.09.2008 at P.S. Kotwali Dehat, District Etah, where a case under section 406 IPC was registered against the applicant Sabir Ali and co-accused Sanjay and Vijay at Crime No. 546 of 2008. The allegations made in the FIR, in brief, are that the complainant had given his truck No. UP 82 J/9301 on 12.09.2008 for repair in the workshop of Sabir Ali, which the accused persons have misappropriated. It is submitted by the learned counsel for the applicant that the complainant had sent an application to SSP Etah on 16.09.2008, but no allegation was made against the applicant Sabir Ali in that application and hence, the applicant deserves to be enlarged on bail on this ground, because the applicant has been falsely roped in this case.
(3.) IT is also submitted that the truck in question was never entrusted to the applicant and hence no offence is made out against him. Last submission is that the applicant is in jail since 23.09.2008.;