Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14575 of 2021 Applicant :- Abhay Dubey Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Narayan Pandey,Om Prakash Singh,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Pradeep Kumar
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first information report was lodged against as many as 13 accused persons including applicant and it has been alleged that they have caused the death of deceased by firing but there is no such specific evidence that which of the accused has fired at the deceased, which resulted into the death. As per postmortem report, deceased has sustained only three gunshot injuries and thus, it is apparent that deceased has not sustained injuries from the firing of all the accused persons. Alleged incident took place in the late evening hours and it was difficult to identify the real assailants. No recovery of any incriminating material has been shown from the applicant. No specific role has been assigned to the applicant. It has been further submitted that similarly placed co-accused Sanjay Shukla and Jawahar Yadav have already been enlarged on bail by co-ordinate Benches of this Court, vide orders dated 2.6.2021 and 16.03.2021, passed in Criminal Misc. Bail Application Nos.- 17827 of 2021 and 13442 of 2021. It has been submitted that the applicant is languishing in jail since 28.01.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it could not be disputed that above stated similarly placed co- accused have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Abhay Dubey involved in Case Crime No.20 of 2021, under Sections 147, 148, 149, 302, 120-B and 34 IPC, P.S. Khorabar, District Gorakhpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.7.2021 Neeraj