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2025 DAILYLAW 137222 (ALL)

DINESH SINGH @ DINESH KUMAR SINGH @ DINESH @ D.K. v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/3602/2025 · 2025-07-09

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39058 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3602 of 2025 Applicant :- Dinesh Singh @ Dinesh Kumar Singh @ Dinesh @ D.K. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Surendra Kumar Tripathi,Hari Krishna Srivastava,Sweta Swarankar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. It is alleged in the prosecution case that the applicant along with co-accused persons posing themselves to be employees and agents of L.U.C.C. company allured the complainant to invest in the company and in lieu thereof, they will get higher interest rate. It is further alleged that Rs.1,50,000/- was invested in the policy of the company, namely Sukanya Policy. The policy was to mature in the year 2025, however, whereabouts of the company is not known nor the accused persons are available. They have usurped the money of the informant. Learned counsel for the applicant submits that the co-accused Uttam Kumar Singh Rajpoot has been granted interim protection by a coordinate Bench of this court vide order dated 3.6.2025 passed in Anticipatory Bail No.610 of 2025. Another co-accused Maya Singh Rajpoot has also been granted same protection vide order dated 3.6.2025 passed in Anticipatory Bail No.590 of 2025. The applicant has explained criminal history of 46 cases in bail application and in two supplementary affidavit(s). The offence is triable by Magistrate. Charge sheet has been filed against the present applicant. The applicant is in jail since 30.12.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, the offence is triable by Magistrate, the co-accused Maya Singh Rajpoot and Uttam Kumar Singh Rajpoot have been granted interim protection, as noted above, arguments advanced by learned counsel for the parties, the applicant is in jail since 30.12.2024, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Dinesh Singh alias Dinesh Kumar Singh alias Dinesh alias D.K., involved in Case Crime No.1104 of 2024 under sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 352, 351(3), 316(5) BNS, 3/21 The Banning of Unregulated Deposit Schemes Act, 2019, P.S. Kotwali Nagar, district Barabanki, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C.(now section 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now section 209 BNS) Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 9.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench