Allowed

Prashant Dubey v. State of U.P.

Allahabad HC10 Jul 2019BAIL/3130/2019

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 147, 148, 323, 504, 302, and 149 IPC, the court granted bail to the accused Prashant Dubey without expressing an opinion on the merits, citing the release of co-accused and lack of criminal history.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions regarding evidence tampering, trial cooperation, and no new crimes.

Prashant Dubey Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3130 of 2019

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Applicant :- Prashant Dubey Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Pandey,Narendra Kumar Singh Counsel for Opposite Party :- G.A.,Lavkush Kumar Bhatt,Rajendra Kumar Dubey,Santosh Kumar Pandey,Usha Srivastava,V. K.Srivastva

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Hon'ble Umesh Kumar,J.

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Supplementary affidavit filed by learned counsel for the applicant and vakalatnama filed by Sri Jai Shankar Audichya, learned counsel, on behalf of the complainant today are taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Jai Shankar Audichya, learned counsel, for the complainant and perused the material available on record.

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This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No.166 of 2018, under Sections 147, 148, 323, 504, 302, 149 I.P.C., Police Station- Amritpur, District-Farrukhabad.

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Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; common role has been assigned to all the accused; during the said occurrence 4 persons from the side of accused-applicant have received injuries; point of aggression can not be determined at this stage moreover co-accused Sachin Kumar, Prabhat, Amitesh, Subhash have already been granted bail by coordinate Bench of this Court vide CRIMINAL MISC. BAIL APPLICATIONS NO. 3329 of 2019, 10591 of 2019, 10597 of 2019 and 10788 of 2019 respectively, copies whereof are available as annexure no. 2 collectively. It has lastly been submitted that applicant has no criminal history and he is languishing in jail since 27.11.2018.

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Learned A.G.A has vehemently opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Prashant Dubey involved in the aforesaid 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:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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He shall cooperate in the trial bonafidely without seeking adjournments.

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He shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 10.7.2019 S.Verma

Prashant Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prashant Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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