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Neutral Citation No. - 2025:AHC:13795 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44106 of 2024 Applicant :- Gopal Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit file by the applicant is taken on record. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Gopal Dubey, seeking enlargement on bail in Case Crime No.550 of 2016, S.T. No.579 of 2016, under Sections 419, 420, 467, 468, 471 and 272 of the Indian Penal Code and 60 Excise Act, 18/27 Drugs and Cosmetic Act, 1940, Police Station Chhibramau, District Kannauj.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since
09.06.2204. He has criminal history of three cases which have been explained in para-3 of the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that due to accident the applicant was absent from the year 2021 and was not appearing before the court during trial; the applicant has informed telephonically to his advocate but due to some unavoidable circumstances he could not file application for non appearance. Thereafter non bailable warrant and proclamation under Section 82 Cr.P.C. have been issued. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie
case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Gopal Dubey, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.1.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad