Allowed

Vinit Kumar Dubey v. State of U.P.

Allahabad HC9 Oct 2023BAIL/31537/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court allowed the release of the applicant, Vinit Kumar Dubey, after recording that the alleged bribe amount was deposited via a bank draft and the State had no objection. The applicant was released on furnishing a personal bond and sureties subject to standard bail conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in like amount, subject to conditions regarding non-tampering, appearance before the trial court, and not leaving India.

Vinit Kumar Dubey Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:193947

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31537 of 2023

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Applicant :- Vinit Kumar Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Surat Shukla,Ashok Kumar Mishra,Dharmendra Kumar Mishra Counsel for Opposite Party :- G.A.,Vijay Kumar Pandey

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Hon'ble Vikram D. Chauhan,J.

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Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

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1-A. Supplementary affidavit filed by learned counsel for the applicant, is taken on record.

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Heard learned counsel for the applicant, Sri Vijay Kumar Pandey, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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It is submitted by learned counsel for the applicant that an amount of Rs.5,74,996/- was paid to the applicant for providing job. It is submitted that in pursuance to order dated 2.8.2023, bank draft of the aforesaid amount has been prepared in the name of Avanindra Prakash Yadav and Chandra Sekhar and the aforesaid bank draft has been handed over to learned counsel for the informant today in Court. The learned counsel for the informant has accepted the aforesaid bank draft. Learned counsel for the applicant submits that applicant is entitled to be released on bail. The applicant has explained his criminal history in paragraph no.27 of the affidavit. Applicant is languishing in jail since 28.5.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned counsel for the informant submits that he has received the bank draft for the aforesaid amount from the applicant and he has no objection, in case, the applicant is released on bail.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of

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learned counsel for the parties and without expressing any opinion on the merits of the case, 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 Vinit Kumar Dubey involved in Case Crime No.219 of 2021, under Sections 406, 419, 420, 467, 468, 471, 506 IPC, Police Station Khuthan, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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

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ii. The applicant will not pressurize/intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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v. The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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vi. The applicant shall not leave India without the previous permission of the Court.

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vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

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

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Order Date :- 9.10.2023 D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Vinit Kumar Dubey v. State of U.P.

Case brief

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Vinit Kumar Dubey v. State of U.P.

Case brief

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