Allowed

Dhananjay Singh v. State of U.P.

Allahabad HC20 Sept 2023BAIL/32580/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, who was falsely implicated in a chain of criminal charges involving theft, criminal breach of trust, and forgery. The court noted insufficient evidence to link him to the crime and parity with other co-accused already released on bail.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to appearance, no tampering, and no witness intimidation.

Dhananjay Singh Vs State of U.P. — Money Laundering | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:181872

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32580 of 2023

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Applicant :- Dhananjay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 08 of 2022, under Sections 379, 411, 419, 420, 467, 468, 471, 120-B I.P.C.and 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station Pipari, District Sonebhadra during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is neither owner nor driver of the truck, by which the coal was being transported. No forged document was provided by the applicant to the owner or the driver of the truck. The applicant had no concern with the alleged offence. The son of the applicant runs a transport company. In order to harass him, the applicant has been implicated in the instant case. There is no evidence to connect the applicant with the offence. The alleged truck and coal were released in favour of the applicant by the trial court. It is next contended that other co-accused, namely, Rama Yadav, Santosh Kumar, Rajendra Patel, Chandravali Patel and Shankar have been granted bail by this Court in Criminal Misc. Bail Application No. 16562 of 2022, Rama Yadav and 4 others v. State of U.P., vide order dated 19.05.2022. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-19 of the affidavit. The applicant is in jail since 26.05.2023 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that at present there is no evidence to link the applicant with the offence, except confessional statement of the co-accused persons. Further, the identically placed co-accused have been granted bail by this Court. Moreover, the applicant has remained confined for more than three and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Dhananjay Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 20.9.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Dhananjay Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dhananjay Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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