The court granted bail to the accused applicant Naveendhar Dubey accused under Sections 3 and 25 of the Arms Act, noting the recovery of a country-made pistol lacked independent witnesses and the applicant had no other criminal antecedents.
Released on bail on personal bond and two reliable sureties.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14449 of 2021
Applicant :- Naveendhar Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Naveendhar Dubey, who is involved in Case Crime No. 215 of 2020, under Sections 3/25 Arms Act, P.S.Shyamdeurwa, District- Maharajganj.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) has been apprehended by the police party and in police encounter one country made pistol and one live cartridge of 32 bore is alleged to be recovered from the possession of the applicant. There is no independent witness of the alleged recovery. This country made pistol has not been connected with any commission of crime. The applicant has no criminal antecedent except the present which has been slapped by the police on the basis of this same recovery memo. The applicant has been languishing in jail since 15.10.2020.
On behalf of State bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Naveendhar Dubey, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution
witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court. Order Date :- 5.4.2021 PS
2 issues framed by the court
Whether the applicant is a fit case for bail.
Whether the recovery of a country made pistol and live cartridge without independent witnesses permits bail.
1 provisions across 1 enactments
Naveendhar Dubey
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
