Criminal Misc. Bail Application where the applicant, an accused in a cheating case, sought release on bail. The Court referred to a Supreme Court judgment and held it a fit case for bail.
Release on bail on furnishing personal bond and two sureties subject to conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6231 of 2019
Applicant :- Dhananjay Dwivedi Opposite Party :- State Of U.P. Counsel for Applicant :- Ved Prakash Pandey,Ranjeet Asthana Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No.1056 of 2017, under Sections 420, 406 IPC, P.S. Puwayan, District Shahjahanpur.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that the applicant was an employee of the company namely, Dhenu Green Garden Pvt. Ltd/Dhenu Green India Co., Ltd./Dhenu Agro Produced Co., Ltd (Dhenu Group of Companies) and he resigned from his job. He further submitted that the company had launched various schemes of investments, in which various people had deposited their money. He further submitted that the applicant is also a victim and he has also deposited money in the company. He further submitted that the applicant has been granted bail in other crime numbers of the same nature of offence by coordinate Benches of this Court vide orders dated 10.8.2018, 18.8.2018 and 1.5.2019. Lastly, he submitted that the applicant is languishing in jail since 15.3.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed .
Let the applicant Dhananjay Dwivedi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 19.7.2019 Mini
2 issues framed by the court
Whether the accused should be granted bail in the instant charge sheet under Sections 420, 406 IPC.
Whether the reference to the Apex Court judgment makes this case a fit case for bail.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶9
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Dhananjay Dwivedi
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
