Allowed

Shiv Prasad Dubey @ Bablu Dubey v. the State of U.P. Thru. Prin.Secy. Deptt. of Home

Allahabad HC5 Feb 2024/955/2024

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed. The single judge granted bail to the applicant, Shiv Prasad Dubey @ Bablu Dubey, accused of multiple offences including cheating and forgery related to executing sale deeds. Conditions were imposed to secure the applicant's presence in court.

What did the court decide?

Applicant released on bail on furnishing a personal bond with two sureties in the like amount subject to specific conditions.

Shiv Prasad Dubey @ Bablu Dubey Vs the… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:10525

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 955 of 2024

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Applicant :- Shiv Prasad Dubey @ Bablu Dubey Opposite Party :- The State Of U.P. Thru. Prin.Secy. Deptt. Of Home Counsel for Applicant :- Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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1.Supplementary affidavit filed on behalf of the applicant is taken on record.

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Learned AGA informs that he has procured complete instructions in the matter including upto date case diary and charge sheet in this case has already been filed.

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Heard Shri Vivek Kumar Srivastava, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Shiv Prasad Dubey @ Bablu Dubey for grant of bail, in Case Crime No. 908/2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Gonda, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The allegations against the applicant are to the tune that after executing a sale deed of impugned land in favour of the informant the same land has been sold by the applicant to other persons, who have also been made co-accused persons of this case.

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It is vehemently submitted that a suit for cancellation of second sale deed has been filed by its purchaser wherein the applicant had filed a written statement, a copy of which has been brought on record as Annexure No.4, page no. 43 of the paper book, wherein the applicant has specifically stated that second sale deed has been executed by him while he was under the influence of liquor which was administered to him against his wish and consent and he has also stated that no consideration has ever been received.

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While drawing the attention of this Court towards the copy of the passbook of the applicant brought on record by supplementary affidavit filed today, it is submitted that consideration with regard to the second sale deed is shown to have been paid through Cheque No. 926140 of Rs. 4,00,000/-, however, the said avertment in the sale deed is patently false which is also evident from the passbook, a copy of which has been brought on record.

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It is further submitted that the applicant is in jail in this case since 25.11.2023. Charge sheet in this has also been submitted and he is not having any criminal antecedent and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. He also undertakes that he will tell the correct state of affair before the trial court when his turn of giving evidence would come.

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Learned A.G.A.,however, opposes the prayer of bail of the applicant on the ground that he is accused of committing an heinous offence, therefore, he is not entitled to be released on bail.

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Having heard learned counsel for the parties and having perused the record, it is reflected that the allegations against the applicant are of executing two sale deeds of the same land. The first purchaser appears to have lodged an FIR, the second set of purchasers are shown to have instituted a civil case for cancellation of second sale deed wherein the applicant is shown to have filed a written statement by stating that the second sale deed has been executed by him, when he was under the influence of liquor, which was administered to him against his consent and has stated that the second sale deed is null and void. It is also emphasized by showing the copy of the passbook of the applicant that he has not received any money of the consideration of the second sale deed as the cheque which is shown to be given to him has never been enchashed. The applicant is in jail in this case since 25.11.2023 and he is not having any criminal antecedent. Charge sheet in this case has already been submitted. His presence may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Shiv Prasad Dubey @ Bablu Dubey involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 5.2.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Shiv Prasad Dubey @ Bablu Dubey v. the State of U.P. Thru. Prin.Secy. Deptt. of Home

Case brief

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What did the court decide?

Shiv Prasad Dubey @ Bablu Dubey v. the State of U.P. Thru. Prin.Secy. Deptt. of Home

Case brief

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What did the court decide?

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