DINESH KUMAR (INCORRECTLY MENTION IN F.I.R. AS DINESH VERMA ) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.
NABAIL/448/2025 · 2025-05-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139946 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139946 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28357 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 448 of 2025 Applicant :- Dinesh Kumar (Incorrectly Mention In F.I.R. As Dinesh Verma ) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Anurag Kumar Singh Counsel for Opposite Party :- G.A.,Neeraj Kumar Mishra Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Anurag Kumar Singh, the learned counsel for the applicant, Ms. Nikita Mishra, the learned AGA for the State, Sri Neeraj Kumar Mishra, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0022/2025, under Sections 351(3), 352, 108 of Bhartiya Nayay Sanhita, 2023, Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.01.2025 against six named persons, including the applicant, stating that the informant's daughter used to run a medical store; he had borrowed money from the named accused persons and although he had repaid the same, the accused persons were still harassing him for demanding more money. She alleged that the co-accused persons Sumit Mittal and Ritesh Mittal had taken away the title deed of the shop in which the medical store was situated and they were not
returning the same. 4. The inquest proceedings were conducted on 10.01.2025 and it does not make a mention of any suicide note. 5. However, subsequently a suicide note was recovered from the deceased's shop in the market in which it is stated that he was committing suicide because of the loan taken by him. He stated that the applicant and Ajay Verma were pressurizing him for giving more money whereas he had already repaid the entire principal amount and interest to these persons and he did not have any more money. On another sheet of the suicide note, he wrote that he had borrowed money from Sumit Mittal and Ritesh Mittal and although he had repaid the entire amount to them, they were harrasing him. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7.
Co-accused persons Sumit Mittal and Ritesh Mittal have been granted anticipatory bail by means of order dated 04.03.2025 passed by a coordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application No. 204 of
2025. 8. Learned AGA and the learned counsel for the informant have opposed the bail application and they have submitted that the suicide note left by the deceased clearly indicates that he had committed suicide because of harassment meted out to him by the applicant and this is established from perusal of the call detail record of the applicant also. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the suicide note indicates that the deceased had borrowed money from several persons but there is no mention of the amount borrowed by him and the amount repaid by him; the allegations levelled against the applicant are similar to those levelled against co-accused persons Sumit Mittal and Ritesh Mittal as the deceased has stated that all of them were harassing her for pressurizing him to give more money for repayment of loan and Sumit Mittal and Ritesh Mittal have already been granted anticipatory bail and that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Dinesh Kumar (Incorrectly Mention In F.I.R. As Dinesh Verma ) before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i).
that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 14.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench