Allowed

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

Allahabad HC28 Apr 2025BAIL/3544/2025

Case brief

AI extract

What is this about?

Criminal miscellaneous bail application filed by Rahul Dubey seeking release in a case involving an accidental hit incident resulting in death. Court allowed bail citing accidental nature and applicant's responsible conduct. Released on personal bond and sureties with standard conditions.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties, subject to conditions of appearing in court and not tampering with evidence.

Rahul Dubey Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:24022

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3544 of 2025 Applicant :- Rahul Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mohammad Alishah Faruqi,Azizullah Khan,Obaidullah

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mohammad Alishah Faruqi, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.039 of 2025, under Sections 281, 125(B) and 105 B.N.S., registered at Police Station Ashiyana, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.02.2025 against two persons, namely, Rahul Dubey, son of Anil Dubey (applicant) and Rahul Dubey, son of Bhagwan, stating that a small delivery vehicle hit the informant's niece. One of the accused persons was driving the offending vehicle and the other person was sitting in it as its cleaner.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a 23 years old person having no criminal history. It has further been stated that the other named accused person has been exonerated and the applicant has been arrested.

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The learned Additional Government Advocate-I has opposed the bail application. He has produced the relevant extract of the case-diary which contains a narration regarding the incident recorded in CCTV footage which shows that the applicant was

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driving the vehicle and after the incident, he stopped the vehicle, came down and picked up the injured girl and put her in the vehicle.

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From the aforesaid, it appears that the incident took place accidentally. In the custodial statement, the applicant has stated that he had accidentally hit two girls and he had taken the injured girl to the hospital where she died during treatment.

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The investigation of the case is still pending.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant appears to have accidentally hit the girl and to have acted responsibly thereafter by taking the injured to the hospital and that the applicant is a young man having no criminal history and he is languishing in jail since 11.02.2025 , I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Rahul Dubey be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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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 witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 28.4.2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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