Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5479 of 2018 Applicant :- Alok Dwivedi Dubey@ Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Beni Madhav Pandey,Krishna Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Pradeep Kumar, learned counsel holding brief of Sri Beni Madhav Pandey, learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged on 27.4.2017 against Sulli @ Brahmdeo Dubey and two unknown persons alleging that on 26.4.2017 at 10:30 P.M. they shot fire at Santosh Mishra and snatched some money. FIR was lodged by his brother-in-law namely Pradeep Kumar Shukla. Subsequently accused Sulli in his statement recorded under Section 161 Cr.P.C. stated that Guddu @ Alok Dwivedi and Satendra Tiwari were also involved in this case.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 1.5.2017(more than ten months); criminal history of three cases have been explained; there is specific allegation against Sulli @ Brahmdeo Dubey and after seven days, injured disclosed name of this applicant; there was no independent witness; injuries received by injured are not dangerous to live; the applicant is not named in the FIR and his name was disclosed after thought; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the 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 applicant Alok Dwivedi(Dubey) @ Guddu involved in Case Crime No.112 of 2017, under Sections 307, 394, 506, 411 IPC, Police Station Khiri, District Allahabad be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 P.P.