Raju Dwivedi @ Umesh Dwivedi v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46658 of 2023 Applicant :- Raju Dwivedi @ Umesh Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Sudhakar Yadav, learned counsel for the applicant, learned AGA for the State-opposite party and 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. 543 of 2013, under Sections 25 Arms, Police Station-Manjhanpur, District Kaushambi, during the pendency of trial.

¶3Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. The applicant has already been enlarged on bail. The applicant has no concern with the police firing. It is next contended that the co-accused Raju Dwivedi @ Umesh Dwivedi, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 46458 of 2023 vide order dated 30.11.2023. Copy of the bail order provided by the applicant is taken on record. The applicant claims parity. The applicant is in jail since 17.08.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Raju Dwivedi @ Umesh Dwivedi, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad