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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13929 of 2023 Applicant :- Surendra Balram Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Maharaj Baksh Singh,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vijay Kumar, the learned counsel for the applicant as well as Sri akhilesh Kumar Vyas, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 97 of 2023, under Section 419, 420, 467, 406, 468, 471, 409 I.P.C., registered at Police Station Jthwara, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

27.05.2023 against the Branch Manager of Bank of Baroda, stating fraudulent withdrawal of Rs. 11,74,100/- from the informant's bank in several transactions.

¶4The police claimed to have arrested two persons Surendra Singh and Asif, in their custodial statement, they stated that one Arun Kumar was also involved in commission of the offence with them.

¶5In the statement of the Arun Kumar recorded under Section 161 Cr.P.C., he stated that several other persons were part of the gang including the applicant.

6.In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in four other cases has been disclosed in para 23 of the affidavit.

¶7The learned A.G.A. has pointed out the applicant's involvement in another case which is of similar nature.

¶8The learned counsel for the applicant has submitted that co-accused Umesh Kumar Yadav, has already been granted bail by means of an order dated

18.11.2023 passed by this Court in Criminal Misc. Bail Application No. 13627 of 2023.

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated solely on the basis of custodial statement of a co-accused person, who merely stated that the applicant is also a part of the gang, without pointing out any specific act committed by the applicant; that a co-accused persons has already been granted bail in the present case whereas as the applicant is languishing in jail since

16.07.2023 and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Surendra Balram 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 the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 24.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench