Allowed

Dharmendra Kumar @ Sonu v. State of U.P. Thru. Prin.Secy. Home

Allahabad HC29 May 2023/1157/2023

Case brief

AI extract

What is this about?

In a criminal bail application under_lsquo_IPC sections, the Single Judge allowed the bail of the applicant charged with cheating and forgery. Granting relief citing parity of role with co-accused already released on bail.

What did the court decide?

Release on personal bond with two sureties; standard bail conditions regarding tampering, unlawful activity, and court attendance imposed.

Dharmendra Kumar @ Sonu Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:38448

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1157 of 2023 Applicant :- Dharmendra Kumar @ Sonu Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Anurag Singh, learned counsel for the applicant, learned AGA for the State and perused the material on record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the F.I.R. and his name surfaced in the confessional statement of co-accused Soni Kumari. It is further submitted that on the basis of the statement of Soni Kumari, three F.I.Rs. were lodged against the applicant being Case Crime Nos.931 of 2022, 932 of 2022, 927 of 2022. The applicant is neither seller nor purchaser of the property in dispute but the role assigned to the applicant is only to facilitate the parties. It is further submitted that the applicant has already been granted bail in Case Crime Nos.927 of 2022 and 931 of 2022. Lastly, it is submitted that co-accused Kuldeep Yadav and Poonam Pandey have already been granted bail by co-ordinate Benches of this Court vide orders dated 27.2.2023 and 15.12.2022 passed in Criminal Misc. Bail Application Nos.2926 of 2023 and 14456 of 2022, respectively. Copies of bail orders have been produced for perusal, which are taken on record. Lastly, it is submitted that the role assigned to the applicant is similar and identical to that of co-accused Kuldeep Yadav and Poonam Pandey, who have already been granted bail and as such the applicant is also entitled for bail on the ground of parity. He next submits that the applicant is in jail since 15.10.2022 and if he is released on bail, he will not misuse the liberty of bail.

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Learned AGA for the State vehemently opposed the prayer of bail. However, he does not dispute the fact that the other coaccused had granted bail.

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Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

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Let applicant- Dharmendra Kumar @ Sonu be released on bail in Case Crime No. 932 of 2022, under Sections 419, 420, 467, 468, 471, 120-B IPC, registered at P.S. Kotwali Nagar, District Barabanki, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 29.5.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad, Lucknow Bench

Dharmendra Kumar @ Sonu v. State of U.P. Thru. Prin.Secy. Home

Case brief

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Dharmendra Kumar @ Sonu v. State of U.P. Thru. Prin.Secy. Home

Case brief

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What did the court decide?

What the court decided

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