Allowed

Dinesh Kumar Yadav @ Dinesh Yadav v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Allahabad HC19 Apr 2024BAIL/2630/2024

Case brief

AI extract

What is this about?

In this criminal misc. bail application under Section 439 Cr.P.C., the Allahabad High Court allowed the bail prayer for an applicant falsely implicated in a cheating case involving investment fraud. The court granted bail on the ground of parity with other co-accused who were already released, while imposing standard conditions including furnishing a personal bond.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in the like amount with specific conditions.

Dinesh Kumar Yadav @ Dinesh Yadav vs… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38055

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Court No. - 33

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2630 of 2024

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Applicant :- Dinesh Kumar Yadav @ Dinesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Abhay Raj Singh,Eshan Garg,Somdutta Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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The case is taken up through video conferencing from Allahabad.

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Heard Mr. Eshan Garg, learned counsel for the applicant as well as Ms. Nikita Mishra, learned Additional Government Advocate representing the State.

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The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 717 of 2022, under Sections 409, 419, 420, 467, 468, 471 of I.P.C., Police Station Kotwali Nagar, District Barabanki, during the pendency of trial.

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As per the prosecution case in brief, a First Information Report dated 20.07.2022 was lodged against three accused persons, namely, Atul Kumar Verma, Amit Kumar Verma and Om Prakash Verma for the offence under Sections 406, 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Barabanki alleging inter alia that the informant had made investments in L.L.C. Multi State Agro Cooperative Society Ltd. under allurement of lucrative return but upon maturity, the invested money was not refunded to him.

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It is argued by learned counsel for the applicant that the applicant is not named in the F.I.R. and he has been falsely implicated in this case during investigation. No specific role has been assigned to the applicant. Other accused persons, namely, Pramod Kumar @ Pramod Kumar Verma, Abhishek Kumar Upadhyay, Rajendra Prasad Mishra, Atual

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Kumar Verma, Om Prakash Verma, Sangam Verma and Mithlesh Verma have been granted bail by the coordinate Bench of this Court vide orders dated 31.05.2023, 18.08.2023, 03.11.2023, 08.11.2023, 09.11.2023, 22.11.2023 and 16.12.2023 in Criminal Misc. Bail Application Nos. 6251 of 2023, 10321 of 2023, 13033 of 2023, 13291 of 2023, 13424 of 2023, 13768 of 2023 and 14825 of 2023 respectively and the case of present applicant stands on better footings to the case of other accused persons. Hence the applicant is also entitled for bail on the ground of parity Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 28.09.2022 and apart from this case, applicant has criminal history of 33 other cases, out of which in seven cases he has been granted bail. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be adjudged at pre-trial stage but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant is not named in the F.I.R. Other accused persons, namely, Atul Kumar Verma and Om Prakash Verma who are named in the F.I.R. and specific allegations have been levelled against them, have been granted bail by the coordinate Bench of this Court vide orders dated 08.11.2023 and 09.11.2023 in Criminal Misc. Bail Application Nos. 13291 of 2023 and 13424 of 2023 respectively as noted above.

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Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on

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the ground of parity. Hence, the bail application is hereby allowed .

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Let the applicant- Dinesh Kumar Yadav @ Dinesh Yadav , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 17.5.2024 Kashifa

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

Dinesh Kumar Yadav @ Dinesh Yadav v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

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Dinesh Kumar Yadav @ Dinesh Yadav v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

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