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SAMEER JAIN
Dharmraj Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Sameer Jain, J.
Heard Sri Diwan Saifullah Khan, learned counsel for the applicant; Sri Amarnath Tripathi, learned counsel for the informant and Dr. S. B. Maurya, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 132 of 2023, under Sections 409, 420 IPC & 66 D IT Act, Police Station Lalpur, District Varanasi, during pendency of the trial in the court below.
3. FIR of the present case was lodged against the applicant and according to the FIR, applicant is the Proprietor of Real Estate Firm, Devesh Real Estate and after retirement, informant shown his desire to make investment and on the instigation of the applicant, he gave him Rs. 14,40,000/- and after receiving the money, applicant also provided him plot booking receipts but applicant neither provided plot to the informant nor returned his money.
4. Learned counsel for the applicant submitted that entire allegation made against the applicant is false and baseless and from the FIR, itself it appears that it is a dispute of civil nature.
5. He further submitted that with regard to the money of Rs. 14,40,000/- informant and his wife, filed
The court determined that allegations of misappropriation reflected a civil dispute rather than criminal intent, allowing bail based on the absence of prior criminal history and ongoing civil complai....
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Insufficient evidence justifies granting bail under the Bharatiya Nagarik Suraksha Sanhita, despite allegations of fraud.
The court determined that there was insufficient evidence for continued detention, allowing bail under strict conditions.
Insufficient evidence to justify continued detention warrants bail under specified conditions.
The court determined that bail should be granted to the accused in light of the predominantly civil nature of the dispute and the absence of need for custodial interrogation, emphasizing protection o....
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