Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115352 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14506 of 2025 Applicant :- Dhanveer Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Dileep Kumar Shukla, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 275 of 2024, under Sections 318(4), 316(2), 338, 336(3), 352, 351(2) B.N.S., Police Station- Hayatnagar, District- Sambhal, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant is owner of investment company, Noor Capital and Finance. As per the allegations in the F.I.R., the applicant persuaded the first informant to deposit Rs.75,000/- in installment with the promise to return Rs.80,000/-. Subsequently, other amount was also deposited by the first informant and other family members but the applicant did not return the entire amount. It is further submitted that applicant is admitting the liability of Rs.5,00,000/- and he will return the same if the applicant is released on bail. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is languishing in jail since 24.01.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and undertaking of the applicant to pay Rs.5,00,000/- in one month and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Dhanveer involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. v. The applicant, as per his undertaking, will pay Rs.5,00,000/- to the first informant within a period of one month from the date of his release.
7. In case of breach of any of the above conditions, it shall be
a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 15.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad