Allowed

Dhananjay Kumar v. State of U.P.

Allahabad HC1 Apr 2022BAIL/11352/2022

Case brief

AI extract

What is this about?

The Court considered a bail application challenging the applicant's arrest while holding admittance cards for an examination. The court held that recovery lacked independent witnesses and that other co-accused were granted bail, allowing the release on conditions.

What did the court decide?

Release on bail subject to furnishing a personal bond and two sureties and compliance with statutory conditions.

Dhananjay Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11352 of 2022

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Applicant :- Dhananjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Singh,Suraj Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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It is submitted by learned counsel for the applicant that the applicant caught from the railway station along with Admit Card and Aadhar Card of candidates who are appearing in the T.G.T. Examination. It is submitted that the applicant had never appeared in the examination nor he was caught at the examination centre. He was caught at the railway station by the police. It is submitted that the recovery against the applicant is without any independent witness. The other co-accused have already been granted bail by the co-ordinate Bench of this Court. The bail orders are annexed as Annexure No. 3 to the affidavit. The applicant has no criminal history. Applicant is languishing in jail since 28.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. for the State opposed the prayer for bail but does not dispute the factual matrix.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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 Dhananjay Kumar involved in Case Crime No. 849 of 2021, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Naini, District Prayagraj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will not tamper with the evidence during the

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trial.

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The applicant will not pressurize/intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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The applicant shall not leave India without the previous permission of the Court.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 1.4.2022 VMA

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Digitally signed by VISHWA MOHAN ARORA Date: 2022.04.02 15:25:02 IST Reason: Location: High Court of Judicature at Allahabad

Dhananjay Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dhananjay Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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