Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44808 of 2021 Applicant :- Kaushal Dubey @ Vishal Dubey Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.29 of 2021, under Sections 380 and 411 I.P.C., Police Station- Chauri, District- Bhadohi.
Learned counsel for the applicant contended that the alleged incident of theft is of 11.03.2021. The accused has been arrested on 14.07.2021 and has been falsely implicated in this case. There is recovery of one golden ring and one Paijaniya. The alleged recovery is said to be made after four months of the incident. Apart from it, he has also been falsely implicated in some of the cases of theft. Learned counsel for the applicant further submitted that the applicant is innocent. Criminal history of the applicant has been explained in para no.8 and 9 of the affidavit. The applicant who is in jail since 14.07.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. contended that accused along with other co- accused have been arrested by the police and various articles of theft have been recovered from his possession, hence, the bail application is opposed.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment, all attending circumstances of the case and in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant - Kaushal Dubey @ Vishal Dubey involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.10.2021 Krishna*