Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63387 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41651 of 2024 Applicant :- Kapil Dhama Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits on the same set of allegations other co-accused, Rajesh Khandelwal, Pushpendra Kumar, Nirdesh Tyagi and Nitin Tyagi, have already been enlarged on bail. The case of applicant is on the same footing, therefore, the applicant may also be enlarged on bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that out of 15 cases into the credit of applicant the applicant has already been enlarged on bail in 12 cases. The applicant is in jail since
05.08.2024. 3. Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed the above submissions made on behalf of applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Kapil Dhama, be enlarged on bail in Case Crime No. 349 of 2019, under Sections 420, 467, 468, 120-B, 506 I.P.C. Police Station- Sector-58, District- Gautam Buddha Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 24.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad