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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7705 of 2023 Applicant :- Dinesh Kumar Yadav @ Dinesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Abhay Raj Singh, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, 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. 252 of 2022, under Section 34, 419, 420, 467, 468, 471 I.P.C., registered at Police Station Masauli, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

03.06.2022 against three named persons, not including the applicant, and an unknown person, alleging that co-accused Om Prakash Verma, Proprietor of Sankalp Trading Services, had executed a sale deed dated 17.02.2021 selling a plot of land measuring 1000 Sq. ft. to the informant. The F.I.R states that the co-accused Om Prakash Verma had executed sale deeds in respect of land in excess of land held by him and this has let to a dispute, under which some other person was claiming ownership of the land purchased by the informant.

¶4It came to light during investigation, that earlier the applicant was emoployee in another business concerned of co-accused Om Prakash Verma.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 28 other cases has been disclosed in para 21 of the affidavit, in 5 of which the applicant has been granted bail.

¶6The learned counsel for the applicant has submitted that co-accused Om Prakash Verma, has already been granted bail by means of an order dated

07.08.2023 passed by this Court in Criminal Misc. Bail Application No.8982 of 2023.

¶7The State has filed a counter affidavit opposing the bail application and the learned A.G.A. has advanced submissions in opposition of the bail application, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a co-accused has already been granted bail, coupled with the fact that the applicant is languishing in jail since 28.09.2022 and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Dinesh Kumar Yadav @ Dinesh 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. (Subhash Vidyarthi,J.) Order Date :- 20.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench