Dinesh Gautam vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Dinesh Gautam vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Dinesh Gautam to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) to cooperate in the trial sincerely without seeking adjournment; (iii) not to indulge in any criminal activity after release; sureties to be verified before the release order.

Issue for consideration

Whether applicant Dinesh Gautam should be released on bail in Case Crime No. 0210 of 2024 (Sections 419, 420, 467, 468, 471, 406, 120-B I.P.C.), Police Station Nai Mandi, District Muzaffarnagar, during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence and complicity of the accused, without expressing any opinion on merits, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the applicant has made out a case for bail and the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions, with the sureties to be verified before issuance of the release order.

Key takeaways

Breach of any of the imposed bail conditions shall be a ground for cancellation of bail.ratio¶7

Detailed headnote1 paragraphs

Bail granted — Offences under Sections 419, 420, 467, 468, 471, 406, 120-B I.P.C. — Case Crime No. 0210 of 2024, Police Station Nai Mandi, District Muzaffarnagar — FIR alleged applicant introduced co-accused Anil Kumar, Harishchand and Kavita to the informant, who executed a sale deed of the disputed property on 05.07.2023, cheque handed to co-accused Anil Kumar — counsel submitted applicant only made the introduction, neither executed the sale deed nor took the alleged money, had no previous criminal history and was in jail since 28.02.2025 — learned A.G.A. opposed — relying on the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, and without expressing any opinion on merits, the Court held the applicant had made out a case for bail and allowed the application — release directed on personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence/witnesses; sincere cooperation in trial without adjournments; no criminal activity after release), breach being a ground for cancellation of bail — High Court of Judicature at Allahabad, Deepak Verma, J., order dated 8.4.2025, Neutral Citation 2025:AHC:50149.

Neutral Citation No. - 2025:AHC:50149

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11386 of 2025

Applicant :- Dinesh Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Anirudh Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0210 of 2024, registered under Sections 419, 420, 467, 468, 471, 406, 120-B I.P.C., Police Station Nai Mandi, District Muzaffarnagar, during pendency of the trial.

It is alleged in FIR is that applicant introduced co-accused, Anil Kumar, Harishchand and Kavita to informant and they executed sale deed of disputed property in favour of the informant on 05.07.2023 and the cheque was handed over to one co-accused, Anil Kumar. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant only introduced the coaccused with informant. Applicant neither executed sale deed nor taken alleged money in his account. Applicant has no concern with present case. The applicant is languishing in jail since 28.02.2025 having no previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Dinesh Gautam, who is involved in the

aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 8.4.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad