Allowed

Dhanraj Kushwaha v. State of U.P.

Allahabad HC6 Sept 2021BAIL/14351/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 14351 of 2021, the Allahabad High Court granted bail to Dhanraj Kushwaha, an accused in Case Crime No. 292 of 2018 involving charges under Sections 419, 420, 467, 468, 469, 471, 120-B IPC. The court allowed bail based on parity with a co-accused and reference to Dataram Singh, directing issuance of a personal bond and sureties.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties subject to specified conditions.

Dhanraj Kushwaha Vs State of U.P. — Money Laundering | Allahabad HC (2021)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14351 of 2021

¶3

Applicant :- Dhanraj Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Samar Singh,Alok Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Joshi,J.

¶5

Heard Sri Alok Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record..

¶6

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 292 of 2018, under Section- 419, 420, 467, 468, 469, 471, 120-B IPC, Police Station- Bindki, District- Fatehpur, during pendency of trial.

¶7

It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is further contended that the applicant is merely an agent of the company known as Dhenu Agro Producer Company Limited and his work is only alleged for persuasion. It is further submitted that against the said company, 12 FIRs have been lodged and accused Dhananjay Kumar Dwivedi with the allegation of illegal collection of Rs. 29.5 crores. It is further submitted that in the present case, co-accused Saroj Shukla and A.K. Tiwari are the main accused, who has opened the said company and collected money from the victims. It is further contended by learned counsel for the applicant that co-accusedSohan Lal having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 4.8.2021 in Criminal Misc. Bail Application No. 17026 of 2021, hence the applicant is entitled for bail on the ground of parity.

¶8

The applicant is in jail since 1.2.2021 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

¶9

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

¶10

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie

¶11

satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.

¶12

Let the applicant, Dhanraj Kushwaha who is involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶13

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶14

He will not tamper with the witnesses.

¶15

He will not indulge in any illegal activities during the bail period.

¶16

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶17

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶18

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

¶19

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

¶20

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶21

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.

¶22

Order Date :- 6.9.2021 Akbar

Dhanraj Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dhanraj Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mahesh Kumar Vs State of U.P.

Afjaal Vs State of U.P.

Makkhan Lal Bhartiya Vs State of U.P.

Dharmanand Bhatnagar Vs State of U.P.

Umesh Singh Vs State of U.P. and Another

Monu Kumar Bhart and Another Vs State of U.P.