Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1120 of 2018 Applicant :- Krishnakant Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Rai,Sanjay Kumar Rai,Sri V.P. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Further contention is that false recovery has been shown from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is also contended that co- accused persons have already been granted bail by this Court in Crl. Misc. Bail Application No.7507 of 2018, 7511 of 2018 and 7513 of 2018 and the case of the applicants stands on similar footing. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required. It has also been submitted that the applicant is languishing in jail since 10.11.2017. It has been pointed out that the applicant has no criminal history. At last he prayed that the applicant may kindly be enlarged on bail.
Learned AGA opposed the prayer for bail but he has fairly conceded that co-accused persons of this case have already been granted bail by this Court.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Krishnakant Dubey involved in Case Crime No.1006 of 2017 under Section 419, 420, 467, 468, 471 IPC, P. S.
Colonelganj, District-Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant will continue to attend and cooperate in the trial pending before the Court concerned on the date fixed after release.
(ii) The applicant will not tamper with the witnesses.
(iii) The applicant will not indulge into any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial Court will be at liberty to cancel the bail.
Order Date :- 28.2.2018
Manish Himwan