DINESH CHANDRA GUPTA ALIAS DINESH CHANDRA GANDHI v. STATE OF U.P.
BAIL/26980/2025 · 2025-08-05
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81476 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81476 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:133433 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26980 of 2025 Applicant :- Dinesh Chandra Gupta Alias Dinesh Chandra Gandhi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey,Sheshadri Trivedi,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Shri Ajay Kumar Pandey and Shri Sheshadri Trivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case. The applicant is the owner of firm Rajesh Kumar Dinesh Kumar & Brothers. Two firms, i.e., one firm of the applicant and another in the name of M/s. Garima Traders were located in the same premises, who used to purchase grains from the farmers. Allegation is that informant and other farmers sold their grains but were not given receipt for it and they have been cheated by these two firms. The informant and other thirty witnesses stated that they supplied goods to the co-accused, Ramesh Kumar alias Chhote Patel and the same was received by him as few of farmers have specifically stated that Umesh Gupta, Muneem Ravi Tripathi and the applicant have received grains and also provided the receipts and responsibility of payment was of the applicant and Pranjal Gupta. There is no evidence that farmers sold their grains to the applicant. The dispute is purely civil in nature regarding delay in payment for which prosecution has given criminal colour with malicious intention. One other co-accused, Ramesh Kumar alias Chhote Patel, against whom there is allegation of receiving grains from farmers has already been enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him.
There are four cases into the credit of applicant which has been satisfactorily explained in para-68 and onwards of the affidavit filed in support of the bail application. He next submits that the applicant is in jail since 04.06.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Dinesh Chandra Gupta Alias Dinesh Chandra Gandhi, be enlarged on bail in Case Crime No. 343 of 2024, under Sections 316(2), 318(4), 336(3), 338, 340(2), 3(6) of B.N.S., Police Station- Bindki, District- Fatehpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 6.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad