Allowed

Durga Prasad Dubey v. State of U.P.

Allahabad HC12 Dec 2022BAIL/48387/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Durga Prasad Dubey in a cheating case. The court observed that the dispute appears civil in nature as the applicant had already refunded the invested amount to the informant.

What did the court decide?

The applicant Durga Prasad Dubey was released on bail in Case Crime No. 196 of 2019 on furnishing a personal bond and two sureties.

Durga Prasad Dubey Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48387 of 2022

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Applicant :- Durga Prasad Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Anupama Tripathi,Rakesh Kumar Tripathi

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Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rakesh Kumar Tripathi, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Sushil Kumar Pandey, the learned counsel for the informant and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 196 of 2019, under Sections 406, 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Colonelganj, District Kanpur Nagar during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.11.2019 against Dpeers Allied Corporation Limited Company, Chunniganj, Colonelganj, Kanpur. The F.I.R. mentions that the informant had taken seven policies with the Company on 29.04.2014 but the Company did not pay the maturity amount to the informant. The F.I.R. further states that the applicant had assured the informant to pay the amount within three months but the same has not been paid.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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The applicant's criminal history of one case has been disclosed in paragraph No. 3 of the affidavit filed in support of the bail application. The learned counsel for the applicant has stated that the applicant has been involved in some other cases also of similar nature. The applicant had approached this Court seeking anticipatory bail by filing Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 5679 of 2021 and on 10.05.2021, this Court had granted interim protection to the applicant by recording his willingness to return the amount paid by the informant within three months. The applicant has already refunded the amount invested by the informant and this fact is recorded in the order dated 17.08.2021 passed by the

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Metropolitan Magistrate, Court No. 6, Kanpur Nagar in Misc. Application No. 3137 of 2021.

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The applicant is languishing in jail since 28.07.2022.

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Per contra, the learned Additional Government Advocate as well as the learned counsel for the informant have opposed the prayer for grant of bail.

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Keeping in view the aforesaid facts and circumstances of the case, prima facie it appears that grievance of the informant is regarding non payment of some amount invested in the company of which the applicant is the Director which dispute inherently appears to be of a civil nature as the applicant has already returned the invested amount to the informant, I am of view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Durga Prasad Dubey be released on bail in Case Crime No. 196 of 2019, under Sections 406, 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Colonelganj, District Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the 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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11 In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 12.12.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.12.12 18:59:36 IST Reason: Location: High Court of Judicature at Allahabad

Durga Prasad Dubey v. State of U.P.

Case brief

What is this about?

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Durga Prasad Dubey v. State of U.P.

Case brief

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