Ajay Dubey v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48406 of 2023 Applicant :- Ajay Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-respondent.

¶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. 318 of 2023 under Sections 323, 506, 420, 467, 468 and 471 of I.P.C., Police Station-Rasoolpur, District-Firozabad, during pendency of the trial.

3.Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the victim are neighbours. Allegations of indecent behaviour have been levelled against the applicant. During the course of investigation, medical papers relating to the applicant were submitted to the Investigating Officer that the applicant is HIV+ve. Counsel for the applicant has drawn the attention of the Court towards the bank account of the informant which were opened in the name of the proprietorship firm. The applicant was not the introducer nor had any role in the opening of the account. The entire family of the applicant has been implicated by the informant. The date of incident has not been disclosed neither in the F.I.R. nor in the statement of victim. The first information report was lodged belatedly. The delay is fatal to the prosecution case. The applicant is in jail since

11.08.2023, having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has 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 the F.I.R. was lodged belatedly. Allegation of rape has not been levelled against the applicant. The account statement of the victim shows the name of a proprietorship firm. The applicant had no role in the opening of account. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for three months and 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 delay the trial 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-Ajay 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 temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, 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 :- 6.12.2023 Sachin Mishra High Court of Judicature at Allahabad