Allowed

Pradeep Singh Yadav @ Pradeep Kumar Yadav v. State of U.P.

Allahabad HC21 Sept 2022BAIL/39401/2022

Case brief

AI extract

What is this about?

Hon'ble Judge allowed Criminal Misc. Bail Application No. 39401 of 2022 seeking release from custody in a cheating case alleging embezzlement by a company owner, imposing standard bail conditions without expressing an opinion on merits.

What did the court decide?

Release on bail in the aforementioned case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

Pradeep Singh Yadav @ Pradeep Kumar Yadav… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39401 of 2022

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Applicant :- Pradeep Singh Yadav @ Pradeep Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The applicant seeks bail in Case Crime No. 50 2020, under Sections 420, 406, 409, 467, 468, 471 I.P.C., Police Station Farah, District Mathura.

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The first information report was lodged against the present applicant and other co-accused persons on the basis of the application moved under Section 156(3) Cr.P.C. by the informant. Allegation is that the informant paid a sum of Rs. 1.33 lakhs to book a flat in the company named Kalptaru Builtech Corporation Limited. But he was neither allotted flat nor was refunded the money. Further allegation is that the money deposited by the informant was embezzled by the owner/manager of the said company and the informant has been made victim of cheating by the accused persons, then, the matter was reported to the police.

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It is submitted by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is further submitted that the present accused applicant is an employee of the alleged company and he has nothing to do with the money transactions done by the informant as well as the company. It is next submitted that in similar other cases of similar nature in different case crime numbers, the applicant was made an accused and has already been granted bail by another coordinate benches of this Court vide orders dated 25.03.2022, 11.07.2022, 25.07.2022, 23.08.2022 and 23.08.2022 passed in Criminal Misc. Bail Application Nos. 8347 of 2022 20726 of 2022, 23675 of 2022, 23862 of 2022 and 23883 of 2022, copies of two bail orders have been annexed in the afÏdavit and three bail orders have been produced in the Court, which are taken on record. Lastly, it is argued that the applicant is in jail since 17.10.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant.

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Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.

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Let the applicant- Pradeep Singh Yadav @ Pradeep Kumar Yadav be released on bail in the aforesaid case crime number 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:-

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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 ofÏcer or tamper with the evidence.

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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 :- 21.9.2022 Rmk.

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Digitally signed by RAM MURTI KUSHWAHA Date: 2022.09.21 18:09:10 IST Reason: Location: High Court of Judicature at Allahabad

Pradeep Singh Yadav @ Pradeep Kumar Yadav v. State of U.P.

Case brief

What is this about?

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Pradeep Singh Yadav @ Pradeep Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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