Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8071 of 2018 Applicant :- Radhe Kant Dubey And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Bijay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Brijesh Kumar Pandey, Advocate on behalf of complainant is taken on record.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, on the basis of application u/s 156(3) Cr.P.C. an F.I.R. was lodged on 26.1.2017 by the informant against four accused persons namely, Manish Dubey, Radhe Kant Dubey, Santosh Kumar Dubey and Neelam Dubey alleging that on 15.2.2016 they kidnapped the daughter Ramesh Chandra Dubey and forced to sign on several papers and cheated her.
It has been submitted by the learned counsel for the applicants that there is no evidence to connect the applicants with the present matter. F.I.R. was lodged after eleven months without explanation. Entire prosecution story is false and concocted. Prosecutrix is major and got married with Manish, marriage certificate is annexed as page no. 26. Applicant no. 1 is the father and applicant no. 2 is the brother of Manish. There is no concerned with Manish. No specific role has been assigned against the applicants. There is no independent witness. The applicants are innocent and have been falsely implicated in the present case. In case the applicants are released on bail, they will not misuse the liberty of bail; they are in jail since 1.2.2018 having no criminal history. There are several papers to prove that she is married wife of Manish.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
Learned counsel for the complainant opposed the prayer for bail and submitted that co-accused Manish is the uncle of the prosecutrix.
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 opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicants Radhe Kant Dubey and Santosh Kumar Dubey involved in the Case Crime No. 65 of 2017, under Sections 420, 365, 506, 120-B IPC, P.S. Kotwali City, District Mirzapur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018 A. Singh