Allowed

Neeraj Kumar Dubey v. State of U.P.

Allahabad HC28 Nov 2023BAIL/50772/2023

Case brief

AI extract

What is this about?

The Allahabad High Court, in a criminal bail application, considered the merits of granting bail to the applicant under Section 439 Cr.P.C. finding a vague role assigned and no criminal history. The court granted bail subject to personal bond and sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions not to tamper with evidence, pressurize witnesses, and to appear in court.

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

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Neutral Citation No. - 2023:AHC:224116

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50772 of 2023

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Applicant :- Neeraj Kumar Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.,Bhanu Prakash Singh

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant, Sri Prateek Tyagi, learned A.G.A. for the State and Sri Bhanu Prakash Singh, counsel for the informant. Perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 178 of 2023, under Sections 147, 148, 307, 504, 506 I.P.C., Police Station- Padari, District- Mirzapur during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report the applicant along with five other coaccused are alleged to have assaulted the injured Manoj Dubey by lathi, danda and iron rod. As per the injury report of the injured he sustained seven injuries. Three injuries were found on the head and other injuries were found on the non-vital part of the body. As per NCCT head of the injured no abnormality was seen. Even in the statement of the injured the applicant has not been nominated as the principal offender, who caused the injury on him. A vague and general role has been assigned to the applicant. The applicant does not have any criminal history. The applicant is in jail since 17.10.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the injury on the injured. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than one

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months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Neeraj Kumar Dubey involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not tamper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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

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Order Date :- 28.11.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Neeraj Kumar Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Neeraj Kumar Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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