Dinesh Kumar Pasi Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Dinesh Kumar Pasi Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Dinesh Kumar Pasi ordered to be released on bail in Case Crime No. 93 of 2025 (P.S. Mohanganj, District Amethi) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant Dinesh Kumar Pasi — not named in the F.I.R., his name having surfaced only through the statement of co-accused Dileep Kumar Singh with no other material found against him during the police investigation, and having no previous criminal history — is entitled to be released on bail in Case Crime No. 93 of 2025 (B.N.S. offences, Police Station Mohanganj, District Amethi).

Court's answer

The Court found the applicant entitled to bail because his name had cropped up in the statement of the co-accused Dileep Kumar Singh and, except for that, no other material had been found against him, coupled with the facts that the applicant has no previous criminal history and has been languishing in jail since 10.04.2025.

Ratio / Principle

Without entering into the merits of the case, the Court found the applicant entitled to be released on bail.

Detailed headnote1 paragraphs

Bail — granted. Applicant, not named in the F.I.R. (Case Crime No. 93 of 2025, P.S. Mohanganj, Dist. Amethi, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 111 of B.N.S.), whose name cropped up only in the statement of co-accused Dileep Kumar Singh, with no other material found against him during investigation, and who has no previous criminal history and was languishing in jail since 10.04.2025 — held entitled to be released on bail without entering into the merits of the case; released on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, non-pressurizing of prosecution witnesses, and appearance on all dates fixed by the trial court unless exempted. Parity submissions regarding bail granted to co-accused Lavkush R Gautam (order dated 29.05.2025) and co-accused Dileep Kumar Singh were placed before the Court. (Allahabad High Court, Lucknow Bench, Manish Kumar J., order dated 8.7.2025.)

Neutral Citation No. - 2025:AHC-LKO:38628

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6154 of 2025

Applicant :- Dinesh Kumar Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ram Kinkar Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard Shri Ram Kinkar Upadhyay, learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 93 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 111 of B.N.S., registered at Police Station Mohanganj, District Amethi.

The brief facts of the case are that an F.I.R has been on 07.04.2025 against three named persons, namely Arun Kumar Mishra, Lavkush R Gautam and Anil, alleging therein that the co-accused Arun Kumar Mishra got a forged sale deed in respect of the informant's land executed in his favour and Lavkush R Gautam and other co-accused person namely Anil had witnessed the sale deed.

Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R and his name has been cropped up for the first time in the statement of the coaccused Dileep Kumar Singh, otherwise, no other material has been found against the applicant during the investigation made by the police.

It is further submitted that the named accused person Lavkush R Gautam had approached this Court by filing Criminal Misc. Bail Application no. 4809 of 2025, wherein this court vide order 29.05.2025 had granted bail, the copy of the bail order has been annexed as Annexure No. 5 to the paper book.

It is further submitted that co-accused Dileep Kumar Singh has also been granted bail by this court and the copy of the bail order has been enclosed as Annexure no. S.A-1 to the supplementary affidavit filed today, which is taken on record.

It is further submitted that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history.

The learned A.G.A for the State has opposed the prayer for bail and he has submitted that the investigation is still pending.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the name of the accused/applicant has been cropped up in the statement of the co-accused Dileep Kumar Singh and except for that, no other material has been found against the applicant/accused coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 10.04.2025 and without entering into the merits of the case, it is found that the applicant is entitled to be released on bail.

Accordingly, this bail application is allowed .

Let the applicant- Dinesh Kumar Pasi 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:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

Order Date :- 8.7.2025 DiVYa

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