Dipendra Singh Vs State of U.P.

Neutral Citation No. - 2025:AHC:34586

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3536 of 2025

Applicant :- Dipendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anjum Haq,Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Shri Rakesh Kumar Mishra, learned AGA for the State-opposite party and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Dipendra Singh, seeking enlargement on bail in Case Crime No. 355 of 2024, under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and section 66-D of the Information Technology Act, Police Station Panaki, District Kanpur Nagar.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.10.2024. Criminal antecedent of two cases have been clearly explained in para no. 24 of the bail application. It is submitted that charge sheet has been submitted on 17.11.2021 and cognizance has also been taken on 14.12.2024. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

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Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. On the basis of informer's information that individuals, who committed ATM fraud were waiting for some persons in a white colour Creta Car and an Ecosport Car, which is without number. Police reached there and arrested seven persons including the applicant. Applicant was sitting on the driver seat of Ecosport Car and one I-phone 11 Pro Max, 7 ATM Cards and 1 Aadhar Card along with Rs. 300/have been recovered from the possession of the applicant. There is no independent witness of the alleged recovery and also there is no

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evidence, which shows that ATM cards or the Aadhar Cards, which were recovered from the possession of the applicant, were used to commit the fraud and also there is no recovery of large amount of money from the possession of the applicant to establish the offence alleged. There is no F.S.L. report on record to prove any forgery. It is submitted that the applicant was arrested from his house and he was shown to be arrested during patrolling and recovery is shown against the applicant is false and fictitious. The allegations leveled against the applicant are false and the entire prosecution story is false and concocted. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Dipendra Singh, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 7.3.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Dipendra Singh v. State of U.P.

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