High Court · 2025

2. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Ram Naresh Yadav, learned counsel for the complainant and perused the record.

3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 476 of 2024, under sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 351(3) of B.N.S.(Bharti Nayay Sanhita), P.S.- Thakurganj, District - Lucknow, West Police Commissionare, Lucknow.

4. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is 80% disabled and in this regard a certificate is also issued by the Chief Medical Officer, Jaunpur dated 10.10.2011 appended as Annexure-9 to the bail application. He next submits that the applicant has been shown to drive the vehicle though he is 80% with disable which also creates a doubt in the prosecution story. He next submits that every allegation is against Maan Singh, who is a co-accused as the amount of cheat and fraud was taken by Maan Singh. He also added that allegation is that he was sitting beside Maan Singh, though no specific allegation that any amount of cheat and fraud is ever inflicted in the account of the present applicant or it was ever given in cash. He also submits that the ingredients of the sections of the offence could not attract in the present case so far the applicant is concerned and thus role of the present applicant is distinguishable from role of the co-accused Maan Singh. He also submits that there is a case criminal history which has been explained and the applicant is a law abiding citizen and he is languishing in jail since 14.11.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

5. Per contra, counsel appearing for the complaint has vehemently opposed the contentions aforesaid and submitted that the allegation is very serious against the applicant and he was driving the vehicle at the time of the offence committed and he is very well involved in the offence. He also submits that there is a case criminal history against the applicant and thus he is not entitled for bail.

6. Learned AGA has also supported the version of counsel for the complainant and submits that the investigation proceeding is going on and if the applicant is released on bail, he may tamper the evidences, thus he is not entitled for any relief.

7. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that no amount has ever been inflicted as is alleged to be misappropriated by committing cheat and fraud by the applicant and another co-accused. Main allegation is against on one co- accused, Maan Singh, who has taken the money from the complainant. This Court has also noticed the fact that the applicant is 80% disabled and the role of the applicant is altogether distinguishable from the role of Maan Singh and further a case criminal history has been explained and he is languishing in jail since 14.11.2024 and coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

8. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

9. Let the applicant- Pradeep Dubey @ Pradeep Kumar Dubey involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh,J.] Order Date :- 10.1.2025 KR RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

2. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Ram Naresh Yadav, learned counsel for the complainant and perused the record.

3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 476 of 2024, under sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 351(3) of B.N.S.(Bharti Nayay Sanhita), P.S.- Thakurganj, District - Lucknow, West Police Commissionare, Lucknow.

4. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is 80% disabled and in this regard a certificate is also issued by the Chief Medical Officer, Jaunpur dated 10.10.2011 appended as Annexure-9 to the bail application. He next submits that the applicant has been shown to drive the vehicle though he is 80% with disable which also creates a doubt in the prosecution story. He next submits that every allegation is against Maan Singh, who is a co-accused as the amount of cheat and fraud was taken by Maan Singh. He also added that allegation is that he was sitting beside Maan Singh, though no specific allegation that any amount of cheat and fraud is ever inflicted in the account of the present applicant or it was ever given in cash. He also submits that the ingredients of the sections of the offence could not attract in the present case so far the applicant is concerned and thus role of the present applicant is distinguishable from role of the co-accused Maan Singh. He also submits that there is a case criminal history which has been explained and the applicant is a law abiding citizen and he is languishing in jail since 14.11.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

5. Per contra, counsel appearing for the complaint has vehemently opposed the contentions aforesaid and submitted that the allegation is very serious against the applicant and he was driving the vehicle at the time of the offence committed and he is very well involved in the offence. He also submits that there is a case criminal history against the applicant and thus he is not entitled for bail.

6. Learned AGA has also supported the version of counsel for the complainant and submits that the investigation proceeding is going on and if the applicant is released on bail, he may tamper the evidences, thus he is not entitled for any relief.

7. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that no amount has ever been inflicted as is alleged to be misappropriated by committing cheat and fraud by the applicant and another co-accused. Main allegation is against on one co- accused, Maan Singh, who has taken the money from the complainant. This Court has also noticed the fact that the applicant is 80% disabled and the role of the applicant is altogether distinguishable from the role of Maan Singh and further a case criminal history has been explained and he is languishing in jail since 14.11.2024 and coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

8. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

9. Let the applicant- Pradeep Dubey @ Pradeep Kumar Dubey involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh,J.] Order Date :- 10.1.2025 KR RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench