Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44825 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 brought on record.
The present bail application has been filed by the applicant- Kaushal Dubey alias Vishal Dubey with a prayer to enlarge him on bail in Case Crime No.12 of 2021, under Sections- 457, 380, 411 I.P.C., Police Station- Aurayee, District-Bhadohi.
Learned counsel for the applicant has submitted that the alleged incident has to be taken on 10.01.2021 and the accused- applicant has been arrested after six months on 14.07.2021 and has been falsely implicated in several cases of theft including this one. The alleged recovery of some ornaments is false and fabricated. The applicant is languishing in jail since 14.07.2021 and further undertakes that he will not misuse the liberty and will co-operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application and submitted that the accused is involved in various cases of thefts and there are certain articles which have been recovered from his possession. Hence bail is opposed.
Considering the rival submissions of the parties, nature of offene, severity of punishment and all other attending circumstances and the facts that other co-accused persons have been enlarged on bail, without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant-Kaushal Dubey alias Vishal Dubey involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/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.
Order Date :- 29.10.2021 C. MANI