Deepak Kumar Dubey Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:66644

Court No. - 17

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15452 of 2023

Applicant :- Deepak Kumar Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vyas Narayan Shukla,Deepshikha Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Supplementary afÏdavit filed by learned counsel for the applicant is taken on record.

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

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The present second bail application has been filed on behalf of the applicant in Case Crime No.0314 of 2020, under Sections 409, 420 I.P.C., Police Station - Maharajganj, District - Raebareli, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 13.12.2021. He further submits that first bail application of the applicant was rejected on 11.4.2023 but till today trial has not been concluded and examination-in-chief of only one witness has been completed. He further submits that there is no possibility of conclusion of trial of the case in question in near future and applicant is ready to cooperate in the trial. He further submits that he will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for grant of bail and submits that sufÏcient evidence has been collected by the Investigating OfÏcer against the applicant, but he does not dispute this fact that applicant is in jail since 13.12.2021

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Considering the rival submissions of learned

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counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other relevant documents, nature of offence as well as facts and circumstances of the case, it is evident that applicant is in jail since 13.12.2021 and till today, examination-in-chief of only one witness has been completed, therefore, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Deepak Kumar Dubey - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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 ofÏcer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A

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IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Trial court is directed to conclude the trial of the case in question on day to day basis.

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The Commissioner of Police, Lucknow as well as the Joint Director of Prosecution, Lucknow are directed to ensure the presence of witnesses as well as accused before the trial court.

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OfÏce is directed to communicate this order to the trial court as well as the Commissioner of Police, Lucknow and the Joint Director of Prosecution, Lucknow for its necessary compliance, forthwith.

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Order Date :- 23.9.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Deepak Kumar Dubey v. State of U.P. Thru. Prin. Secy. Home Lko.

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Deepak Kumar Dubey v. State of U.P. Thru. Prin. Secy. Home Lko.

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