DINESH SINGH @ DINESH KUMAR SINGH @ DINESH @ D.K. v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/7441/2025 · 2025-08-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156292 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156292 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47477 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7441 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 :- Hari Krishna Srivastava,Nishant Singh,Surendra Kumar Tripathi,Sweta Swarankar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.503/2024, under Section 316(5), 318(4), 115(2), 352, 351(3), 338, 336(3), 340(2), 61(2), 111 BNS and Section 3/21 The Banning of Unregulated Deposit Schemes Act, 2019 Police Station Masauli, District Barabanki. In the prosecution case it is alleged that the complainant/investors deposited funds in the cooperative society LUCC which has not been returned and it has been jointly usurped.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The offence is triable by a Magistrate. The applicant has explained the criminal history of 46 cases in paragraph 20 of the bail application. All the First Information Reports are of the same nature, containing similar allegations relating to the same society, LUCC. The co- accused Uttam Singh Rajput has been granted interim anticipatory bail by this Court vide order dated 10.07.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 797 of 2025 (Annexure- 9). He further submits that other co-accused Maya Singh Rajpoot has also been granted interim anticipatory bail by this Court vide order dated
10.7.2025. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the applicant was Chairman and he was managing the
funds, however, from the record he could not show that any misappropriated amount has been credited to the personal account of the applicant. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the bail order of the co-accused named above, the fact that the offence is triable by a Magistrate, the charge-sheet in this case has been filed, the applicant has explained the criminal history, and he has been in jail since 30.11.2024, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Dinesh Singh alias Dinesh Kumar Singh @ Dinesh @ D.K. be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 of the IPC (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 of the IPC (now Section 209 BNS).
Order Date :- 13.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench