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Neutral Citation No. - 2025:AHC:42636 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8269 of 2025 Applicant :- Kapil Dhama Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today by learned counsel for the applicant, is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 06 of 2020, registered under Sections 420, 467, 468, 120-B I.P.C., Police Station- Sector-58, District- Gautam Buddha Nagar, during pendency of the trial.
4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is investor in the scheme of the firm and Director of the firm is Rajesh Kantwal. Learned counsel for the applicant next submitted that co-accused Rajesh Kantwal, Puspendra Kumar & Nirdesh Tyagi have been granted bail by the Co-ordinate Bench of this Court vide orders dated 19.10.2020 & 28.09.2021 respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has total 14 cases of criminal history and in some of the cases, he has been granted bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 05.08.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
5. Learned A.G.A. has opposed the bail prayer of the applicant.
6. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Kapil Dhama, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad