Allowed

Lavkush Dubey@ Raj Kumar v. State of U.P.

Allahabad HC29 Mar 2023BAIL/1793/2023

Case brief

AI extract

What is this about?

In a second bail application under Section 438 CrPC, the High Court allowed the request for bail fixing personal bond and sureties. The court directed the trial court to conclude the trial expeditiously within six months without commenting on the merits of the case.

What did the court decide?

Application allowed; applicant released on personal bond with two sureties directing swift trial conclusion within six months.

Lavkush Dubey@ Raj Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1793 of 2023

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Applicant :- Lavkush Dubey@ Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Kuldeep Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Mr. Amit Kumar Srivastava, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.

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This is a second bail application and the first bail application of the applicant was rejected on 27.4.2022.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is submitted that neither in the FIR nor in the statements of witnesses including the deceased no specific role of assault has been leveled against the present applicant, moreover no weapon has been assigned to the present applicant which shows that he was not involved in the commission of alleged offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 06.06.2021 and he has no criminal history.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction, without commenting on the

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merits of the case, I find it to be a fit case for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Lavkush Dubey@ Raj Kumar involved in Case Crime No. 158 of 2021, under Sections 147, 148, 149, 452, 323, 504, 506, 427, 304 I.P.C., Police Station Sarai Akil, District Kaushambi be released on bail on his furnishing a personal bond with 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 29.3.2023 A.N. Mishra

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Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Lavkush Dubey@ Raj Kumar v. State of U.P.

Case brief

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Lavkush Dubey@ Raj Kumar v. State of U.P.

Case brief

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