Allowed

Mahesh Dayal v. State of Up

Allahabad HC21 Sept 2020BAIL/15352/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed a bail application filed by Mahesh Dayal, who was accused of offences under the IPC and Chit Fund Act. The court granted bail based on the applicant's non-inclusion in the FIR and previous bail history, subject to various conditions.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties, subject to specified conditions.

Mahesh Dayal Vs State of Up — Corruption | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15352 of 2020

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Applicant :- Mahesh Dayal Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Shukla,Krishna Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Order on the Exemption Application

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Application is allowed.

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Order on the Bail Application

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The argument is that the applicant is not named in the first information report. He has claimed himself to be computer operator in the company concerned. The other co-accuseds are alleged to be responsible for the offence. The applicant has not committed any forgery. Regarding similar offence, he has been enlarged on bail in Criminal Misc. Bail Application No.24333 of 2018. The applicant is in jail since 03.02.2017.

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On the other hand learned AGA has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Mahesh Dayal involved in Case Crime No.49 of 2017, under Sections 420,467, 468, 471, 120-B, 406 IPC and 3/4 Chit Fund Act Police Station Balaini, District- Baghpat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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 :- 21.9.2020 Atul kr. sri.

Mahesh Dayal v. State of Up

Case brief

What is this about?

What did the court decide?

Mahesh Dayal v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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