Allowed

Narayan Dubey v. State of U.P.

Allahabad HC31 Oct 2022BAIL/47572/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Narayan Dubey accused of offences under IPC 467, 468, and 34 related to illegal mining. Finding sufficient grounds, the applicant was released on bail subject to conditions regarding appearance and prohibition of illegal activities.

What did the court decide?

Applicant released on bail in Case Crime No.110 of 2022 on executing a personal bond and furnishing two sureties with conditions.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47572 of 2022

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Applicant :- Narayan Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Shri Krishna Mishra,Ajay Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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By means of this application, the applicant, who was involved in Case Crime No.110 of 2022, under Sections 467, 468, 34 of IPC, Police Station-Kagaraul, District Agra is seeking enlargement on bail during the trial.

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As per version of the FIR, during checking, a Tractor bearing No.RJ-05-RC-1128 was seized by the police and it has been alleged that illegal business of mining was being done by the unknown persons.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. Applicant is neither tractor owner nor he was involved in doing business of mining. Applicant was standing along with his friends and police personnel to show his good work to the higher authorities, has falsely implicated the applicant. Nothing has been recovered from the possession of the applicant. Applicant has criminal history of seven cases, which he has satisfactorily explained in para 11 of the affidavit, filed in support of the bail application. Applicant is no way involved in committing the aforesaid offence. Applicant is a law abiding citizen. Applicant is languishing in jail since 31.08.2022, and in case of being released on bail, he will not

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misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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In this matter, it appears that applicant is neither tractor owner nor he was involved in doing business of mining; nothing has been recovered from the possession of the applicant; applicant has criminal history of seven cases, which he has satisfactorily explained in the bail application coupled with the fact that applicant is languishing in jail since 31.08.2022; grounds for bail is sufficient.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.

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Let the applicant- Narayan Dubey be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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Applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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Applicant will not tamper with the witnesses.

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Applicant will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 31.10.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.11.01 10:45:10 IST Reason: Location: High Court of Judicature at Allahabad

Narayan Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Narayan Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

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