Dinesh Kumar Yadav @ Dinesh Yadav Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

Dinesh Kumar Yadav @ Dinesh Yadav Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Applicant Dinesh Kumar Yadav @ Dinesh Yadav to be released on bail in Case Crime No. 393 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant, Dinesh Kumar Yadav @ Dinesh Yadav, should be released on bail in Case Crime No. 393 of 2022 under Sections 419, 420, 467, 468, 471, 409, 120-B I.P.C., Police Station Kotwali Nagar, District Barabanki.

Court's answer

The applicant was implicated because he was a Director of the company, and the co-accused persons who have been granted bail were also Directors; therefore the case set up against the applicant is similar to that set up against the co-accused who have been granted bail.

Ratio / Principle

Having considered the facts and circumstances (including parity with the bailed co-accused Directors), the Court found the facts sufficient to make out a case for enlargement of the applicant on bail in the aforesaid crime.

Detailed headnote1 paragraphs

Bail allowed — Dinesh Kumar Yadav @ Dinesh Yadav, implicated as a Director of Sangharsh Total Solutions Pvt. Ltd., granted bail in Case Crime No. 393 of 2022 (Sections 419, 420, 467, 468, 471, 409, 120-B I.P.C., P.S. Kotwali Nagar, District Barabanki; F.I.R. dated 26.04.2022). Ground: parity — co-accused Directors Sangam Verma alias Sangam Kumar Verma and Pramod Kumar alias Pramod Kumar Verma had already been granted bail by the Court on 11.12.2023 and 15.09.2023 in Criminal Misc. Bail Application Nos. 14532 of 2023 and 10644 of 2023, and the case against the applicant is similar; applicant in jail since 28.09.2022; involvement in 34 other cases noted, bail granted in 21; learned A.G.A. opposed but could not dispute these aspects. Release ordered on personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurizing witnesses, and appearing on every date fixed by the trial court. (Subhash Vidyarthi, J.; Allahabad High Court, Lucknow Bench; Order Date 24.7.2024; Neutral Citation 2024:AHC-LKO:50161)

Neutral Citation No. - 2024:AHC-LKO:50161

Court No. - 31

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15408 of 2023 Applicant :- Dinesh Kumar Yadav @ Dinesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhay Raj Singh,Eshan Garg,Somdutta Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Eshan Garg, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 393 of 2022, under Section 419, 420, 467, 468, 471, 409, 120-B I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.04.2022, against six persons, not including the applicant, stating that the informant had made some investments in Sangharsh Total Solutions Pvt. Ltd. but no return was paid to him on his investments.

The applicant's involvement in 34 other cases has been disclosed in para 16 of the affidavit, in 21 of which, he has been ordered to be released on bail.

The learned counsel for the applicant has submitted that coaccused persons-Sangam Verma alias Sangam Kumar Verma and Pramod Kumar alias Pramod Kumar Verma, have already been granted bail in the present case by means of orders dated 11.12.2023 and 15.09.2023, passed by this Court in Criminal Misc. Bail Application Nos. 14532 of 2023 and 10644 of 2023, and copies of their bail orders have been annexed to the bail

application whereas the applicant is languishing in jail since 28.09.2022.

The applicant has been implicated in the present case because he was a Director of the company and the co-accused persons who have been granted bail were also Directors of the Company. Therefore, the case set up against the applicant is similar to that set up against the co-accused persons who have been granted bail.

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact, 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.

Accordingly, this bail application stands allowed .

Let the applicant-Dinesh Kumar Yadav @ Dinesh Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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

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

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

Order Date :- 24.7.2024/Ruhi H.

[Subhash Vidyarthi,J.]

Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad, Lucknow Bench