Allowed

Dharmendra Yadav v. State of U.P.

Allahabad HC2 Sept 2020BAIL/7174/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed the bail application of Dharmendra Yadav for offences under IPC Sections 419, 420, 467, 468, 471, 406. The court found the applicant made out a case for bail, noting he had no criminal history and the amount was deposited in a co-accused company account. Bail was granted subject to a personal bond and repayment condition.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions including payment of Rs. 79,000 to the informant.

Dharmendra Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7174 of 2020

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Applicant :- Dharmendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raghavendra Sharan Tiwari,Bipin Kumar Tripathi,Radhey Shyam,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.,Vikas Singh

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Hon'ble Siddharth,J.

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

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The allegation in the FIR is that the applicant along with coaccused persons has misappropriated an amount of Rs. 20 lakhs.

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Counsel for the applicant has submitted that the allegations against the applicant are incorrect. The amount was transfered in the account of company of co-accused, Shiv Bachan Yadav and Surendra Yadav and not in the account of applicant. From the the account of the company he has withdrawn Rs. 79,000/only. He has further submitted that applicant will repay Rs. 79,000/- to the informant as condition for grant of bail. The applicant is in jail since 16.10.2019 and has no criminal history to his credit.

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Counsel for the informant, Sri Vikas Singh, has submitted that the informant has deposited an amount of Rs. 20 lakhs and he will accept an amount of Rs. 79,000/- without any prejudice to his right to make claim for further amount before the competent forum provided by law.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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- Dharmendra Yadav , in Case Crime No. 511 of 2019, under Sections- 419, 420, 467, 468, 471, 406 IPC, Police Station- Kotwali, District- Fatehpur, 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 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.

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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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The applicant will make payment of Rs. 79,000/- to the informant by means of RTGS within a period of two months from the date of his release on bail. In case of failure to comply this order the bail granted to the appliant shall stand cancelled and he will taken into custody.

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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 :- 2.9.2020 Rohit

Dharmendra Yadav v. State of U.P.

Case brief

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Dharmendra Yadav v. State of U.P.

Case brief

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