Allowed

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

Allahabad HC25 Jul 2024BAIL/8025/2024

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application was allowed by the Allahabad High Court, Lucknow Bench. The court granted bail to the applicant based on the principle of parity with a co-accused who had already been granted bail by the same court. The applicant was to furnish a personal bond and two sureties.

What did the court decide?

Application allowed; applicant released on bail on personal bond and two reliable sureties subject to specific conditions.

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

¶1

Neutral Citation No. - 2024:AHC-LKO:69812

¶2

Court No. - 13

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8025 of 2024

¶4

Applicant :- Dinesh Kumar Yadav @ Dinesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Eshan Garg Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Singh,J.

¶6

Heard learned counsel for the applicant, Shri Rachit Sondhi, learned A.G.A. for the State and perused the record.

¶7

The present bail application has been filed by the applicant in F.I.R. No. 600 of 2022, under Sections 420, 409, 34 I.P.C., Police Station Kotwali Nagar, District Barabanki with the prayer to enlarge him on bail.

¶8

The submissions of learned counsel for the applicant are that the applicant, who is innocent person and has been falsely implicated in the case, is in jail since 29.09.2022. The case of the applicant is similar to co-accused Yashwant Rawat, who has been enlarged on bail by this Court vide order dated 22.03.2023 passed in Criminal Misc. Bail Application No. 3805 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

¶9

Photocopy of the bail order of co-accused Yashwant Rawat provided by the learned counsel for the applicant is taken on record.

¶10

Shri Rachit Sondhi, learned A.G.A. opposes the prayer for grant of bail to the applicant, but fairly concedes that similarly situated co-accused Yashwant Rawat has already been granted bail.

¶11

Considering the rival submissions of learned counsel for the applicant, learned A.G.A., ground of parity with the co-

¶12

accused and going through the material available on record as well as totality of fact and circumstances, I am of the view that it is a fit case for bail. Application stands allowed on the ground of parity.

¶13

Let applicant -Dinesh Kumar Yadav @ Dinesh Yadav be released on bail in F.I.R. No. 600 of 2022, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

¶14

(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶15

(ii) 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 office or tamper with the evidence.

¶16

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶17

(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A IPC.

¶18

(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

¶19

(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶20

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

¶21

Order Date :- 16.10.2024 VKS

¶22

Digitally signed by :- VIVEK KUMAR SRIVASTAVA 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

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Arvind Kumar Shukla Vs Namrita Dubey, Nayab Tehsildar, Haidergarh, Barabanki

Smt. Shanichara Devi Vs Sri Padmesh Srivastava, Tahsildar, Tehsil Alapur Distt. Ambedkar Nagar

Rahnuma Khatoon Vs Sri Raj Kapoor Nayab Tehsildar, Tehsil-Alapur, Ambedkar Nagar

Shyam Singh Vs Dr. Vijay Bahadur Dwivedi, Director Horticulture and Food Processing, Lko. and Another

Dr. Deepali Srivastava vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical Education Lko. and 5 Others

Vishwamitra Mishra Vs Chiranjeev Nath Sinha, Addl. Superintendent of Police, Distt. Barabanki