Allowed

Dipesh Chaudhary v. State of U.P.

Allahabad HC16 Jan 2025BAIL/1311/2025

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC in a case under Sections 420, 467, 468, 471, 506 IPC. Court noted belated FIR, absence of credible evidence of cash payment to the applicant, over one year's confinement, and no apprehension of tampering or witness intimidation; granted bail with conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties each in like amount, subject to conditions of appearance, not tampering with evidence and not pressurising witnesses.

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

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Neutral Citation No. - 2025:AHC:19706

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1311 of 2025

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Applicant :- Dipesh Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party.

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2.The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.586 of 2023, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station Sadabad Kotwali, District Hathras (Mahamaya Nagar), during the pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The first information report has been lodged belatedly. As per the allegations in the first information report, certain amounts were transferred in the account of the co-accused, Om Veer Singh. The case of the applicant is clearly distinguishable from that of the co-accused, Om Veer Singh. At this stage, there is no credible evidence to establish that any amount was paid in cash to the applicant. The criminal history of the applicant has been explained in para no. 19 of the bail application. The applicant is in jail since 05.08.2023 and in case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record this Court prima facie finds that the F.I.R. has been lodged belatedly. At this stage, there is no credible evidence to establish that any amount was paid in cash to the applicant. Further, the applicant has remained confined for more than one year and two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the

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applicant is entitled to be enlarged on bail.

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Let the applicant Dipesh Chaudhary, 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 11.2.2025 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Dipesh Chaudhary v. State of U.P.

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Dipesh Chaudhary v. State of U.P.

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