Neeraj Kumar Dubey v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50772 of 2023 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 Hon'ble Vivek Varma,J.

¶1Heard 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.

¶2The 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.

¶3Counsel 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 co-accused 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.

¶4Learned 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.

¶5Having 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 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.

¶6Let 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: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.11.2023 S.S. High Court of Judicature at Allahabad