Allowed

Dr. Vinay Kumar Pandey @ Vinnu Pandey v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko.

Allahabad HC9 Apr 2024/3006/2024

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a cheating case where the accused unduly influenced the complainant into investing money, which was subsequently refunded. The parties reached a settlement, expressing satisfaction, justifying the release.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties.

Dr. Vinay Kumar Pandey @ Vinnu Pandey Vs State of… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28968

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3006 of 2024

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Applicant :- Dr. Vinay Kumar Pandey @ Vinnu Pandey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko.

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Counsel for Applicant :- Nadeem Murtaza,Anjani Kumar Mishra,Asma Shamim Counsel for Opposite Party :- G.A.,Prabhat,Saud Rais

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Nadeem Murtaza, learned counsel for the applicant, Dr. V.K. Singh, learned Government Advocate assisted by Shri Punit Kumar Yadav, learned counsel for the State and Shri Prabhat, learned counsel for the complainant.

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By means of the instant bail application, the applicant is seeking release on bail in Case Crime No.464 of 2022 under Sections 419, 420, 467, 468, 471, 406 IPC at police StationKotwali Nagar, District-Gonda.

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The aforesaid case has been registered on the basis of an FIR lodged on 23.07.2022 alleging that the applicant had taken Rs.25,00,000/- from the complainant in the name of involving him in a mining business but he duped the complainant.

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On the last date, learned counsel for the applicant had submitted that the applicant was willing to refund the amount in dispute to the complainant in an attempt to enter into a settlement for closure of the proceedings. In furtherance of that undertaking given by the applicant's son, who was present in the Court on the last date, a bank draft bearing No.162946 dated 08.04.2024 issued by Punjab National Bank in the name of Shobharani, who is the complainant's wife, for a sum of Rs.25,00,000/- has been handed over by the learned counsel for the applicant to the learned counsel for the complainant.

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Learned counsel for the applicant further submitted that the parties have arrived at an understanding outside the Court for closure of the proceedings on the basis of a compromise subject

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to a further payment of Rs.2,00,00/- towards expenses of litigation etc. incurred by the complainant.

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Learned counsel for the complainant does not dispute the aforesaid submissions advanced by learned counsel for the applicant.

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Keeping in view the aforesaid facts, prima facie it appears that the dispute between the parties was regarding non-payment of money invested by the complainant for starting a business with the applicant, which dispute prima facie appears to be inherently of civil nature; the applicant has refunded the money of the complainant and the complainant has expressed satisfaction about redressal of his grievance, a case for release of the applicant on bail is made out.

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Accordingly, the application for bail is allowed .

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Let the applicant- Dr. Vinay Kumar Pandey @ Vinnu Pandey be released on bail in the aforementioned 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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[Subhash Vidyarthi, J.]

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Order Date :- 9.4.2024

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-Amit K-

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

Dr. Vinay Kumar Pandey @ Vinnu Pandey v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Dr. Vinay Kumar Pandey @ Vinnu Pandey v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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