S.B.Criminal Misc. Bail Application No. 7080 of 2009 Ram Prasad Day vs. State of Raj. ---- 8.10.2009 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr.Madhav Mitra, for the petitioner. Mr. Pradeep Shrimal, Public Prosecutor. --- Heard learned counsel for the petitioner and the learned Public Prosecutor. This bail application has been filed under section 438 Cr.P.C. Mr. Madhav Mitra, learned counsel appearing for the accused petitioner contended that the FIR was lodged after a delay of about 3 months and 24 days and there is no explanation from the prosecution side that why the FIR was delayed. He has further contended that there is no receipt regarding handing over of prescious stones to the accused petitioner. The petitioner is worker and he has been falsely implicated by the police. Hence he should be released on anticipatory bail. On the other hand the learned Public Prosecutor along with Investigating Officer, who is present in person contended that the complainant has produced receipt of the precious stones which were given to the accused petitioner. He has further contended that there is another FIR registered at Police Station Ashok Nagar, which is numbered at No.90 of 2009 and the accused petitioner is a habitual offender and he has taken away prescious stones worth Rs. 85,00,000/- and such types of persons should not be released. For these reasons I dismiss this bail application under section 438 Cr.P.C. (Mahesh Chandra Sharma) J. OPPareek/