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Mukesh Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home Lko

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
26 October 2023
Bench
Subhash Vidyarthiauthor
Case no.
7217/2023

Judgment

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7217 of 2023 Applicant :- Mukesh Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Syed Mohd Mahmood Hasan,Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Chandra, the learned counsel for the applicant as well as Sri Rajeev Kumar Verma, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 429 of 2022, under Section 419, 420, 467, 468, 471, 34 I.P.C., registered at Police Station Safdarganj, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 17.09.2022 against the applicant-Dharmendra Singh and Satish Kumar Verma, alleging that the informant is a Chief Administrator Officer of Oiko Shreem Infratech Pvt. Ltd. The aforesaid company had entered into an agreement with Rajput Enterprises, through its partners Dharmendra Singh and Satish Kumar Verma for purchasing 50 bhegas agricultural land.

¶4On 30.10.2021, a sale deed in respect of 0.19475 hectare was executed by the company but later on came to know that the company had no title in respect of the property sold.

¶5The applicant's involvement in nine other cases has been disclosed in para 9 of the affidavit filed in support of the application, in 6 of which the applicant has already been granted bail.

¶6The learned counsel for the applicant has submitted that co-accused Kuldeep Yadav, Dharmendra Singh alias Sonu have already been granted bail by means of orders dated 04.04.2023 and 15.09.2023 passed by this Court in Criminal Misc. Bail Application Nos. 4522 of 2023 and 3086 of 2023.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Mukesh Kumar Yadav be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 26.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.