Dharmendra Prajapati v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13014 of 2023 Applicant :- Dharmendra Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Samrat Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1The instant application has been filed seeking release of the applicant on bail in Case Crime No. 859 of 2020, under Section 420, 409, 504 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

¶2The aforesaid case has been registered on the basis of F.I.R. lodged on 23.10.2020 against four persons including the applicant, alleging that the informant had invested some amount in Massaiar Group of Company under allurement of lucrative return but only some amount was paid to the informant and the rest amount was not paid.

¶3In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he used to work as the Marketing Head in the Company.

¶4The applicant's criminal history of 53 cases has been disclosed, in para 33 of the affidavit filed in support of the bail application. It has been stated in the affidavit that the applicant has already been granted bail in one case. A co-accused Abhinav Kumar Singh, who was the Director of the Company, has been granted bail by means of order dated 4.9.2023 passed by this Court in Criminal Misc. Bail Application No. 10960 of 2023.

¶5The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R and he has been implicated subsequently for the reason that he is a director of the company; that the applicant has already been granted bail in three other cases of similar nature, coupled with the fact that the applicant is languishing in jail since 01.08.2021 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Dharmendra Prajapati 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. . (Subhash Vidyarthi, J.) Order Date :- 3.11.2023 Virendra High Court of Judicature at Allahabad, Lucknow Bench