Dhanoj Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1416 of 2023 Applicant :- Dhanoj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Subhash Chandra Yadav, learned counsel for the applicant and Shri Rao Narain Singh, learned A.G.A. for the State and perused the record.

¶2The present application under Section 438 Cr.P.C. has been filed seeking bail in anticipation of the arrest of the accused-applicant in Case Crime No.265 of 2022 under Section 34, 120B, 406, 419, 420, 467, 468 and 471 I.P.C., Police Station-Hazratganj, District-Lucknow.

¶3Though the F.I.R. in question came to be registered on the complaint of present accused-applicant on 14.07.2022 alleging that one-Vijay Kumar Mandal-Private Secretary in Civil Secretariat, Lucknow, Dharamveer Singh-Assistant Review Officer and his assistant Ajay Kumar are cheating young aspirants in the name of providing them government job by forming an organized gang. A Special Investigation Team was constituted to inquire into the allegations.

¶4Besides other accused persons, name of present accused-applicant also surfaced in the commission of the offence during the investigation. It is said that several bank transactions in the bank account of the accused-applicant were made by co-accused persons.

¶5Learned Sessions Court vide order dated 25.05.2023, considering the facts and gravity of offence, has dismissed the anticipatory bail application of the accused-applicant.

¶6Considering the facts, I find that the present case does not warrant this Court to enlarge the accused-applicant on anticipatory bail looking at the gravity of offence and prima-facie involvement of the accused-applicant in the commission of the offence.

¶7In view thereof, the present application is hereby rejected. However, the accused-applicant is granted ten days' time to surrender before the trial court concerned and apply for regular bail. If the accused-applicant surrenders and applies for regular bail within ten days' from today, the trial court concerned should consider his regular bail application expeditiously in accordance with law. (Dinesh Kumar Singh, J.) Order Date :- 19.6.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench