This order grants bail to Dinesh Dhyani in a cheating and forgery case. The court was satisfied that the applicant is not required for investigation and imposed strict conditions for his presence during the trial.
Release on bail with a personal bond and two sureties subject to strict undertakings to appear in court.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18754 of 2019
Applicant :- Dinesh Dhyani Opposite Party :- State Of U.P. Counsel for Applicant :- Shashank Singh,Mahendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Dinesh Dhyani, who is involved in Case Crime No. 518 of 2015, under Sections 420, 467, 468, 471 I.P.C., P.S. Firozabad North, District Firozabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He is languishing in jail since 19th October, 2018, whereas co-accused Lokendra Pratap has been granted by coordinate Bench of this Court. The offence is exclusively triable by Magistrate-Ist Class. The alleged criminal history has been duly explained. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail by referring criminal history of the accused-applicant.
Considering the rival submissions and looking to the fact that the applicant is no more required for the investigation purposes and further the trial will take time in its completion, I am inclined to grant this application for bail. Accordingly, the same is allowed.
Let the applicant Dinesh Dhyani , involved in Case Crime No. 518 of 2015, under Sections 420, 467, 468, 471 I.P.C., P.S. Firozabad North, District Firozabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence
when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 16.5.2019 NS
3 issues framed by the court
Whether bail be granted to the applicant in view of his not being required for investigation and the nature of offence.
What conditions should be imposed on the applicant while granting bail to ensure his presence throughout the trial.
Whether the coordinate bench had already granted bail for co-accused Lokendra Pratap.
4 provisions across 2 enactments
Dinesh Dhyani
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
