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

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7887 of 2023 Applicant :- Durga Prasad Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Deepak Kumar,Niteesh Kumar,Pramod Kumar Pandey,Rajeev Narayan Pandey,Sanjay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶01Heard Shri Deepak Kumar, learned counsel for applicant and learned A.G.A. for the State.

¶02The present bail application has been filed by the applicant seeking bail in case crime no.392 of 2020, under Sections 419, 420, 504 and 506 I.P.C., P.S. Khandasa, District Ayodhya.

¶03The applicant was found involved in a case of duping the farmers of their money by issuing fake cards.

¶04It is submitted by learned counsel for the applicant he himself is a victim of a conspiracy. He had earlier filed an F.I.R. against the company. He has been falsely implicated in this case; he is in judicial custody since

29.05.2023 i.e. last six months. As far as criminal history is concerned, he has been granted bail in all the cases cited as his previous criminal history as explained in para-11 of the rejoinder affidavit. The offence is triable by the Magistrate.

¶05The application for bail is opposed by learned A.G.A. However, it is conceded that that the applicant is in jail since 29.05.2023.

¶06I considered nature of the allegations, role ascribed to the applicant, the evidence proposed, the severity of punishment and all other facts and circumstances of the case. In my view, a case for bail is made out.

¶07Let applicant - Durga Prasad Dubey be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) framing of charge and (ii) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present as well as permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶08Any violation of above conditions will be treated as misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶09It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 20.11.2023 Asha High Court of Judicature at Allahabad, Lucknow Bench