Allowed

Dinesh Kumay Yadav @ Dinesh Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC28 Mar 2024/2684/2024

Case brief

AI extract

What is this about?

Single judge allowed bail application of Dinesh Kumay Yadav in a cheating case alleging investment loss. Bail granted on personal bond and sureties noting co-accused already released.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties, tampering prohibition, witness pressure prohibition, and appearance conditions.

Dinesh Kumay Yadav @ Dinesh Yadav Vs… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:25908

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2684 of 2024

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Applicant :- Dinesh Kumay Yadav @ Dinesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State 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. 716 of 2022 under Sections 409, 420 I.P.C., Police Station- Kotwali, District- Barabanki.

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Learned counsel for the applicant submits that the aforesaid case has been registered on the basis of an FIR lodged on 20.07.2022 against six named persons, including the applicant, alleging that the informant had made some investments in Lifelong Multi State Cooperative Society and Sangarsh Total Solution Infra Built Pvt. Ltd. but upon maturity neither his amount was repaid nor the sale deed was executed in his favour.

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Further submission of learned counsel for the applicant is that the applicant's involvement in total 34 cases of similar nature has been disclosed in para 17 of the affidavit filed in support of the bail application, in five of which he has been granted bail.

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Learned counsel for the applicant lastly submits that coaccused, namely, Smt. Mithilesh Verma, has already been granted bail by means of an order dated 19.10.2023 passed by this Court in Criminal Misc. Bail Application No. 12450 of 2023, thus, the applicant may be enlarged on bail.

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Learned A.G.A. opposes the prayer of bail, but he does not dispute over the above submissions.

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Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of bail application, F.I.R., bail order of co-accused Smt. Mithilesh Verma as well as other relevant enclosures; it is evident that coaccused, namely, Smt. Mithilesh Verma has already been

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granted bail and the applicant is languishing in jail since 28.09.2022. Thus, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Dinesh Kumay 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:-

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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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The trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties.

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Director General of Police, U.P. and Director General of Prosecution, U.P. shall ensure the presence of the witnesses as well as the accused persons before the trial court as and when required.

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Office is directed to communicate this order to the trial court, Director General of Police, U.P. and Director General of Prosecution, U.P., forthwith.

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Order Date :- 28.3.2024 Arpan

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

Dinesh Kumay Yadav @ Dinesh Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Dinesh Kumay Yadav @ Dinesh Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

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