Allowed

Dinesh Kumar v. State of U.P.

Allahabad HC14 Oct 2022BAIL/27729/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Dinesh Kumar. Noting that the applicant was not named in the FIR, co-accused were granted bail, and the delay in lodging FIR was unexplained, the Court directed his release on bail pending trial with personal bond and sureties.

What did the court decide?

The applicant to be released on bail on furnishing a personal bond and two reliable sureties each of like amount.

Dinesh Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27729 of 2022

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Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Dubey,Sharad Kumar Srivastava,Sudheer Rana Counsel for Opposite Party :- G.A.,Ankit Saran,Ram Murti Yadav

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Sharad Kumar Srivastava, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 79 of 2022, under Sections 392, 420, 120-B, 411 I.P.C., P.S. Sikandera, District Kanpur.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 29-04-2022 against (i) Anjani Mishra (ii) Manjgiri and two unknown persons, alleging that the named accused persons had allured to get a shop to the informant and informant arranged Rs. 19 lacs and he along with one of his business partner had gone to the accused persons, who had taken him away on the pretext of meeting with the shop owner. It is alleged that on 28-04-2022 at about 07:10 P.M., two persons came on a motorcycle and one of the co-accused Manjgiri sat on a motorcycle with them and they took away the bag containing rupees 9 lacs after threatening the informant and his partner.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 06-05-2022.

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A supplementary affidavit has been filed on behalf of the applicant disclosing the involvement of the applicant in two cases and in both the cases the applicant has been granted bail.

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The learned counsel for the applicant has submitted that both the accused persons namely Anjani Kumar Mishra and Pooran Sharma @ Majgiri have already been granted bail by means of an orders dated 10-10-2022 passed in Criminal Misc. Bail Application Nos. 42198 of 2022 and 42422 of 2022.

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The learned counsel for the applicant has submitted that the F.I.R. of the incident has been lodged 30 hours after the occurrence and there is no explanation for the delay and he has

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further submitted that there is no allegation of any use of force etc. in committing the alleged robbery.

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8.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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9.Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant is not named in the F.I.R.; that there is no specific allegation of any act committed by the applicant in the F.I.R.; that both the co-accused persons have already been granted bail whereas the applicant is languishing in jail since 06-05-202, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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7.Let the applicant - Dinesh Kumar be released on bail in Case Crime No. 79 of 2022, under Sections 392, 420, 120-B, 411 I.P.C., P.S. Sikandera, District Kanpur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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

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Order Date :- 14.10.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.17 10:16:45 IST Reason: Location: High Court of Judicature at Allahabad

Dinesh Kumar v. State of U.P.

Case brief

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Dinesh Kumar v. State of U.P.

Case brief

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