Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33709 of 2019 Applicant :- Sandeep Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Mishra,Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant has been falsely implicated on the allegation that he had permitted his brother and sister-in-law to live with the kidnapped child in his house. He has pointed out the statement of the landlord, Sachin, who has stated that the house was rented to Pradeep Dubey & Pinki @ Preeti Dubey, who are brother and sister-in-law of the applicant. The applicant was not named by the landlord as the person who took house on rent and who is alleged to have kept aforesaid child in the house. The applicant is in jail since 14.07.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and 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 the applicant Sandeep Dubey involved in Case Crime No.585 of 2019, under Sections 363, 365 IPC, Police Station Section-24, Noida, District- Gautam Buddha Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 21.8.2019 SS