Allowed

Dharmendra Prajapati v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Allahabad HC24 Oct 2024/11306/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 11306 of 2024, the Allahabad High Court allowed bail to applicant Dharmendra Prajapati, who was arrested in an investment fraud case, noting favorable bail history and absence of flight risk.

What did the court decide?

Applicant released on bail with personal bond and two sureties each, subject to conditions to not tamper with evidence or pressurize witnesses and to appear in court.

Dharmendra Prajapati Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71920

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11306 of 2024

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Applicant :- Dharmendra Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Sudhir Kumar,Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sudhir Kumar, learned counsel for the applicant, Sri Puneet Kumar Yadav, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 809 of 2020, under Sections 409, 420, I.P.C., Police Station Gomti Nagar, District Lucknow.

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The aforesaid case has been registered on the basis of an FIR lodged on 14.10.2020 against one person, in which the applicant is not named and his name came into light during investigation on further statement of complainant, stating that the applicant had made some investments in Massair Infra Tech Pvt. Ltd. but the amount was not refunded to him.

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The applicant's criminal history of 52 cases has been disclosed in para 15 of the affidavit filed in support of the application and the applicant has been granted bail in 47 cases of similar nature.

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The co-accused persons-Ratan Chandra Dwivedi, Jai Prakash Prajapati, Abhinav Kumar Singh and Rakesh Gupta, have already been granted bail in the present case.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the grievance of the applicant is regarding non refund of money invested in a company, that the applicant has already been granted bail in 47 other cases of similar nature and the Chairman and the Managing Director of the company has already been granted bail in the present case and the applicant is languishing in jail since 12.04.2021, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed.

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Let the applicant- Dharmendra Prajapati be released on bail in Case Crime No. 809 of 2020, under Sections 409, 420, I.P.C., Police Station Gomti Nagar, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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[ Subhash Vidyarthi,J. ]

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Order Date :- 24.10.2024 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Dharmendra Prajapati v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

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Dharmendra Prajapati v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

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