Allowed

Dinesh Kumar v. State of U.P.

Allahabad HC13 Jul 2022BAIL/26584/2022

Case brief

AI extract

What is this about?

The Single Judge of the Allahabad High Court granted bail to the applicant, Dinesh Kumar, in a case involving forgery and misuse of Aadhaar card, imposing strict conditions regarding attendance and conduct despite the appellant's criminal history.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties, subject to conditions regarding attendance and conduct.

Dinesh Kumar Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26584 of 2022

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Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1391 of 2018, under Sections 420, 409, 467, 468, 471, 120B IPC & Section 66C I.T. Act and Section 39 of Adhaar Act & Section 3/7 E.C.Act, Police Station Lisadi Gate, District Meerut.

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Learned counsel for the applicant submits that as per prosecution version Adhaar card of the applicant was misused and essential commodities were distributed on the basis of the misuse of Adhaar card of the applicant regarding which 15 FIR have been lodged against the applicant. He submits that the Adhaar card was misused by the co-accused Shahnawaz who was data operator on contractual basis who has been enlarged on bail by co-ordinate Bench of this Court vide order dated 27.05.2022 in Criminal Misc. Bail Application No. 7636 of 2022, therefore, the case of applicant is on better footing than the co-accused enlarged on bail. He further submits that 5 more co-accused having similar role have been enlarged on bail by the co-ordinate Bench of this Court as annexed Annexure Nos. 5, 6 and 7 in the affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant has criminal history of 10 cases explained in Para- 23 to 25 of the affidavit and he is languishing in jail since 22.04.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant has criminal history of 17 more cases and he is habitual offender, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and

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also perusing the material on record, enlargement of co-accused Shahnawaz on bail and complicity of the applicant as well as evidence collected during investigation, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Dinesh Kumar involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 13.7.2022 Israr

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Digitally signed by ISRAR AHMAD Date: 2022.07.18 18:52:25 IST Reason: Location: High Court of Judicature at Allahabad

Dinesh Kumar v. State of U.P.

Case brief

What is this about?

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Dinesh Kumar v. State of U.P.

Case brief

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