Allowed

Sandeep Dubey v. State of U.P.

Allahabad HC9 Dec 2020BAIL/30306/2020

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant in a criminal case involving offences under Sections 147, 323, 332, 353, and 504 IPC, considering the spread of coronavirus, allegations of false implication, and the larger mandate of Article 21 without expressing an opinion on merits.

What did the court decide?

Release on bail with a personal bond and two sureties to the satisfaction of the court, subject to specific conditions regarding tampering and verification.

Sandeep Dubey Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30306 of 2020

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Applicant :- Sandeep Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Ishwar Chandra Tyagi learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 175 of 2020, under Sections - 147, 323, 332, 353, 504 IPC, Police Station- Chopan, District- Sonbhadra, during pendency of trial.

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It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has not committed the alleged offence. There is no independent witness of the alleged incident. It is next submitted that co-accused Guddu @ Shiv Shanker Jaiswal has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 28569 of 2020 vide order dated 4.11.2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 15.7.2020, having criminal history of four cases, which has been explained in paragraph no. 12 of the affidavit filed in support of bail applcation and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned AGA has opposed the prayer for bail of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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.

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Let the applicant, Sandeep Dubey, who is involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.12.2020 S.K.

Sandeep Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

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