Allowed

Navdeep Alias Dabbu v. State of U.P.

Allahabad HC17 Jul 2023BAIL/14293/2019

Case brief

AI extract

What is this about?

This Court allowed a second bail application filed by the applicant, who was in jail for over six years. The judgment granted bail to align the applicant's status with three other accused persons who had been released on bail after the first application was dismissed, without expressing an opinion on the merits of the case.

What did the court decide?

Release of Navdeep Alias Dabbu on bail on furnishing a personal bond and two sureties.

Navdeep Alias Dabbu Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:141790

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14293 of 2019

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Applicant :- Navdeep Alias Dabbu Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Kumar Kartikeya,Noor Muhammad,Ramendra Pal Singh Counsel for Opposite Party :- G.A., ,Anjali Singh Tomer,Anuj Srivastava,Gaurav Singh Tomar,Kumar Kartikeya

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Hon'ble Sameer Jain,J.

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Heard Sri K. Kartikeya, learned counsel for the applicant, Ms. Nushra Siddiqui, Advocate holding brief of Ms Anjali Singh Tomer, learned counsel for the informant and Sri Suresh Bahadur Singh, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 234 of 2017, under Sections 147, 148, 149, 302, 307, 504, 34 IPC, Police Station Khekra, District Baghpat during pendency of the trial.

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Learned counsel for the applicant submits that this is second bail application filed on behalf of the applicant. The first bail application of the applicant has been dismissed by this Court vide order dated 25.10.2018 and he is pressing the second bail application mainly on the ground that after rejection of first bail application of the applicant three accused persons have been granted bail by this Court and applicant is in jail since 11.07.2017 i.e. for last more than six years but trial of the case till date could not be concluded.

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He further submits that although according to prosecution, applicant used rifle but during investigation no rifle could be recovered from the possession of applicant and it is alleged that from the possession of applicant one country made pistol along with cartridges were recovered and when pistol and cartridges were sent to FSL then they did not match. He further submits that although applicant is having criminal history of five other cases but he has explained his criminal history in paragraph-4 to the supplementary affidavit, therefore, considering the totality of the facts and circumstances of the case, applicant may be enlarged on

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bail.

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Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail and submitted that after considering the entire facts and circumstances of the case, the first bail application of the applicant has been dismissed by this Court but could not dispute the fact that after rejection of first bail application three accused persons have been released on bail and case of applicant is at par with them and applicant is in jail since 11.07.2017 i.e. for more than six years.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, this is second bail application filed on behalf of the applicant and applicant is also having criminal history of about five cases but criminal history of the applicant has been explained in supplementary affidavit filed in support of present bail application and applicant is in jail since July, 2017 i.e. for more than six years and trial of the case could not be concluded.

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Further, after rejection of first bail application of the applicant, the bail application of three accused persons Babu, Kale @ Sahab Singh and Pramod were granted by this Court and their bail orders have been appended along with supplementary affidavit annexed as Annexure-4 to the affidavit and case of applicant is almost at par with them.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant, who is in jail since July, 2017 i.e. for more than six years, is also entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Navdeep Alias Dabbu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the

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case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 17.7.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Navdeep Alias Dabbu v. State of U.P.

Case brief

What is this about?

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Navdeep Alias Dabbu v. State of U.P.

Case brief

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