Pawan Dubey Vs State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34099 of 2020

Applicant :- Pawan Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A.,Krishna Kumar Singh

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Hon'ble Rajiv Joshi,J.

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Counter affidavit filed today on behalf of informant is taken on record.

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Heard Sri Prashant Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State, Sri Krishna Kumar Singh, learned counsel for the informant and perused the record.

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This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 370 of 2020, under Sections 147, 148, 323, 506 and 308 IPC, P.S. Chaubepur, District Varanasi, during pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. It is next contended by the learned counsel for the applicant that one of the injured witness, Gyanendra Dubey stated that applicant had hit with danda on the hand of the injured Ramashrey Dubey while in statement under Section 161 Cr.P.C., Ram Ashrey Dubey did not name the applicant. It is next contended by learned counsel for the applicant that coaccused Ghanshyam Dubey, Mahendrashankar Dubey, Shyamsunder Dubey, Upwan Dubey, Ateesh Dubey, Ranjan Dubey and Dheeraj Dubey as well as co-accused Atish Dubey @ Ashish Dubey @ Bulbul Dubey, whose role was identical to the applicant, have been enlarged on bail by the co-ordinate Bench of this Court vide orders dated in Criminal Misc. Anticipatory Bail Application No. 6760 of 2020 and in Criminal Misc. Bail Application No. 44620 of 2020 respectively and therefore, the applicant is also entitled for bail on the ground of parity. It is lastly contended by learned counsel for the applicant that the applicant is in jail since 01.08.2020, having criminal history of one case being case crime no. 488/2018, under Section 323, 504, 506 IPC, in which he has been granted bail by the trial court vide order dated 31.10.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled

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for indulgence.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Having considered the material on record, 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, let the applicant- Pawan 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 that :-

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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.

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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 Noman

Pawan Dubey v. State of U.P.

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Pawan Dubey v. State of U.P.

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