Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24200 of 2018 Applicant :- Dhananjay Kumar Dwivedi Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he is the Chief Executive Officer of the Company in the name and style of Dhenu Green Garden Pvt. Ltd./Dhenu Green India Company Ltd./Dhenu Agro Producer Company Ltd., Kanpur Nagar. The applicant is alleged to have collected amount of Rs.29.5 Crore along with other co-accused from the public and they have ran away after closing the company.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dhananjay Kumar Dwivedi involved in Case Crime No.474 of 2017, under Sections 420, 406, 467, 468, 471, I.P.C, Police Station Kotwali Orai, District Jalaun 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not alienate any property in the name of the company, in his personal name and in the name of immediate family members without the permission of the trial court.
2. The applicant will not tamper with the evidence during the trial.
3. The applicant will not pressurize/ intimidate the prosecution witness.
4. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
5. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
6. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.8.2018 T. Sinha