Allowed

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

Allahabad HC12 Mar 2024BAIL/2757/2024

Case brief

AI extract

What is this about?

Single judge allowed the bail application of the applicant in a criminal case alleging cheating and criminal conspiracy, noting the applicant was already granted bail in 32 out of 43 similar cases and languished in jail since July 2022 without charges framed.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount.

Dinesh Kumar Yadav @ Dinesh Yadav vs State of U.P Thru… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24342

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2757 of 2024

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Applicant :- Dinesh Kumar Yadav @ Dinesh Yadav Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.

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Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anupesh Kumar, holding brief of Sri Abhay Raj Singh, the learned counsel for the applicant, Sri Rakesh Kumar, the learned A.G.A.-I for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0749 of 2022, under Sections 109/409/420/467/468/471/504/506 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2022 against two persons, not including the applicant, alleging that the informant had made some investment in a company Sankalp Trading Services, but upon maturity the invested amount was not refunded to the informant.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. In para 17 of the affidavit the applicant's involvement in 34 other cases of similar nature has been disclosed, in 5 of which the applicant has already been granted bail. Co-accused Abhishek Kumar Upadhyay, Om Prakash Verma, Atul Kumar Verma, Sangam Verma alias

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Sangam Kumar Verma, Pramod Kumra alias Pramod Kumar Verma, Rajendra Prasad Mishra, Gunjan Verma, Mithlesh Verma have been granted bail by this Court by means of the order dated 18.08.2023, 01.12.2023, 08.12.2023, 28.03.2023 & 24.11.2023 passed in Crl. Misc. Bail Application Nos. 10331 of 2023, 14151 of 2023, 14169 of 2023, 14488 of 2023, 6775 of 2023, 6769 of 2023, 8538 of 2023 and 14145 of 2023 respectively. Co-accused Sharad Kumar Verma has already been granted bail by means of an order dated 18.01.2024 passed by this Court in Criminal Misc. Bail Application No. 15359 of 2023.

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

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the grievance of the informant is regarding non-refund of money invested in a company and the applicant has already been granted bail in 32 cases out of 43 cases of similar nature in which he has been implicated, coupled with the fact that the applicant is languishing in jail since 01.07.2022 and even charges have not been framed till date and without making any observation, which may affect the merits of the case, 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.

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Accordingly, this bail application stands allowed .

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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:-

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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 unless his appearance is exempted by the trial court.

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Order Date :- 20.3.2024 Pradeep/-

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

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

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