Application for bail was filed challenging misuse of Aadhar Card. Court observed vague FIR allegations and granted bail subject to bond, sureties, and specific conduct conditions.
Applicant released on bail on personal bond and two sureties with conditions against tampering, influencing witnesses, and false inducement.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18187 of 2022
Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Pankaj Satsangi, Advocate holding brief of Sri Ashish Singh, learned counsel for the applicant and Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate.
The instant application has been filed for grant of bail to the applicant in Case Crime No. 367 of 2018, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Section 39 of the Aadhar (Targeted Delivery of Financial and other Subsidy Benefit Services) Act, 2016, Section 66 (C) I.T. Act and Sections 3/7 Essential Commodities Act, Police Station Kotwali, District Meerut during the pendency of the trial in the Court below.
The aforesaid First Information Report contains an allegation that the applicant's Aadhar Card was misused for taking benefit under Public Distribution Scheme.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case by the District Supply Officer. The FIR does not mention any date and time of the incident and it does not mention the name of the actual ration card holders who were being cheated by using the applicant's Aadhar Card. The allegations in the FIR are vague.
It has further been submitted that the Investigating Officer has completed the investigation and a chargesheet has already been filed on 14-02-2021. It has also been submitted that the coaccused Shahnawaz has already been granted bail by means of an order dated 12-03-2021 passed by this Court in Criminal Misc. Bail Application No. 9392 of 2021. The applicant has disclosed a criminal history of 18 cases, in 9 of which he has already been granted bail. The allegations in most of the cases are of similar nature. The applicant is languishing in jail since 25-11-2020.
Per contra, learned Additional Government Advocate has opposed the prayer for grant of bail but he could dispute the fact
that the applicant has already been granted bail in several cases involving similar allegations.
Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled for grant of bail in the aforesaid case crime number.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
Let the applicant Dinesh Kumar be released on bail in the Case Crime No. 367 of 2018, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Section 39 of the Aadhar (Targeted Delivery of Financial and other Subsidy Benefit Services) Act, 2016, Section 66 (C) I.T. Act and Sections 3/7 Essential Commodities Act on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.7.2022 Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.07.11 17:28:37 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in Case Crime No. 367 of 2018.
Whether bail conditions can be imposed in the interest of justice.
4 provisions across 4 enactments
Dinesh Kumar
Subhash Vidyarthi
Jaswant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Subhash Vidyarthi and Jaswant Kumar
Parties & counsel
