Allowed

Vishnu Kant Dwivedi v. State of U.P.

Allahabad HC3 Sept 2020BAIL/12131/2020

Case brief

AI extract

What is this about?

The Hon'ble Court released the applicant on bail in the criminal case of Cheating and CrPC-420-506. It imposed conditions including a personal bond and later enforcement of ensurety bonds. The court emphasized the larger mandate under Article 21 without expressing an opinion on the merits of the case.

What did the court decide?

Release of the applicant on bail subject to a personal bond and conditions; sureties to follow within a month of resumed court functioning.

Vishnu Kant Dwivedi Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12131 of 2020

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Applicant :- Vishnu Kant Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Shishir Tandon Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Vishnu Kant Dwivedi, with a prayer to release him on bail in Case Crime No. 202 of 2017, under Sections 420, 406, 506, 120-B IPC, Police Station Harvansh Mohal, District- Kanpur Nagar during pendency of trial.

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The allegation in the first information report is against named accused persons to the effect that they have collected money from the public and eloped.

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Learned counsel for the applicant has submitted that the applicant was not named in the first information report. He was implicated in this case on the basis of the statement of one, Shri Krishna, who was agent of the company and he has alleged that the applicant used to get the money invested by the investors in the company. He has admitted that applicant has executed a sale deed in favour of the informant regarding land. Learned counsel for the applicant has further submitted that the money was deposited in the company and not in the personal account of the applicant. The company has not been arrayed as an accused in the first information report. The applicant can be only held vicariously liable in the offence committed by the company and not personally as held by the Apex Court in the case of Sushil Sethi and another Vs The State of Arunachal Pradesh reported in (2020) 3 SCC 240 . He is in jail since 14.10.2019 and has no criminal history to his credit.

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Learned AGA has opposed the prayer for bail of the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 3.9.2020 SS

Vishnu Kant Dwivedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishnu Kant Dwivedi v. State of U.P.

Case brief

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