Allowed

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

Allahabad HC19 Apr 2024BAIL/2660/2024

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application under Section 439 CrPC was heard by Allahabad High Court, Lucknow Bench. The applicant was seeking bail for alleged offences under Sections 420, 409 IPC. The court allowed the application based on parity grounds as several co-accused had already been granted bail in similar circumstances.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two sureties with specified conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:30932

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2660 of 2024

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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.

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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 learned counsel for the applicant as well as learned Additional Government Advocate representing the State.

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By means of this application under Section 439 of Cr.P.C., applicant-Dinesh Kumar Yadav @ Dinesh Yadav, who is involved in Case Crime No. 841 of 2022, under Sections 420, 409 I.P.C., Police Station Kotwali Nagar, District-Barabanki, seeks enlargement on bail during the pendency of trial.

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It is contended by learned counsel for the applicant that there are total ten accused in this case, Applicant has been falsely implicated in this case by the police. Applicant has a criminal history of thirtytwo cases which have been explained in the affidavit, out of which in seven cases applicant is on bail. It is also submitted that none of the case against the applicant is heinous in nature. The co-accused Mithilesh Verma, Om Prakash Verma, Atul Kumar Verma, Gunjan Verma, Pramod Kumar @ Pramod Kumar Verma, Sangam Verma, Naved Ahmad and Yashwant Rawat have been granted bail vide orders dated 19.10.2023. 30.10.3023, 19.10.2023, 16.12.2023, 10.8.2023, 26.7.2023, 14.7.2023 and 05.04.2023 in Criminal Misc. Bail Application Nos. 12458 of 2023, 12659 of 2023, 12522 of 2023, 14858 of 2023, 9172 of 2023, 9391 of 2023, 7639 of 2023 and 4596 of 2023 respectively. The case of the applicant stands on identical footing to that of aforesaid co-accused who have been granted bail by

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this Court, hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the 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 in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

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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 ad-judged at pre-trial stage but did 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 substance in the submission of learned counsel for the applicant that co-accused as noted above under similar accusation have been granted bail. 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 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

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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 :- 19.4.2024 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 Lko.

Case brief

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

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