Allowed

Gaurav Dubey @ Golu Dubey v. State of U.P.

Allahabad HC25 May 2022BAIL/17064/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Gaurav Dubey in a case involving Sections 307, 504, and 506 IPC. The court found merit in the counsel's submissions that the applicant was falsely implicated with a vague role assigned. Bail was granted with conditions regarding tampering with evidence, influencing witnesses, and appearance in court.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties, subject to conditions regarding evidence tampering, witness influence, and court appearance.

Gaurav Dubey @ Golu Dubey Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 68

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17064 of 2022

¶3

Applicant :- Gaurav Dubey @ Golu Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 301 of 2021 at Police Station-Phaphund District-Auraiya under Sections 307, 504, 506 IPC. The applicant is in jail since 10.11.2021.

¶6

The bail application of the applicant was rejected by learned Sessions Judge, Auraiya on 10.12.2021.

¶7

Shri Sanjay Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. A vague and a general role has been assigned to the applicant in the FIR. One Ashutosh @ Sonu Mishra and not the applicant has been identified as the principal offender who shot at the injured. Even as per the FIR as well as the statement of the injured the applicant did not assault the victim or cause any injury. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case.

¶8

Shri Ashutosh Pandey, learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not contest the

¶9

criminal history of the applicant as disclosed in the bail application.

¶10

I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

¶11

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶12

Let the applicant- Gaurav Dubey @ Golu Dubey be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶13

(i) The applicant will not tamper with the evidence during the trial.

¶14

(ii) The applicant will not influence any witness.

¶15

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶16

(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

¶17

In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation

¶18

application before this Court.

¶19

Order Date :- 25.5.2022 Nadeem

¶20

Digitally signed by NADEEM AHMAD Date: 2022.05.30 11:21:02 IST Reason: Location: High Court of Judicature at Allahabad

Gaurav Dubey @ Golu Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gaurav Dubey @ Golu Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Om Prakash Vs State of U.P.

Rajesh @ Rajeshwar Prasad Yadav Vs State of U.P.

Manoj Kumar Vs the Zonal Director Narcotics Control Bureau

Dharmendra Kumar Vs State of U.P.

Hariom Verma Vs State of U.P. and 3 Others

Lodha @ Sameer Vs State of U.P.