VINOD KUMAR DUBEY ALIAS ANAND DUBEY v. STATE OF U.P.
BAIL/42811/2024 · 2025-04-29
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107812 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107812 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67789 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42811 of 2024 Applicant :- Vinod Kumar Dubey Alias Anand Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Pandey,Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
2. Learned counsel for the applicant submits that the allegation against the applicant is that he introduced the informant to the finance company namely United India Group of Company to act as an agent. The applicant was also an agent of the said finance company. The informant thereafter act an agent of the said and had deposited the amount in the Khalilabad branch situated at Sant Kabir Nagar, thereafter the branch was closed and the amount deposited by the informant has not been refunded back. Learned counsel argued that the amount so deposited by the informant in the said company, receipts were issued to him and since the applicant was also an agent, thus no offence as alleged against the applicant is made out. He further submits that the applicant is an innocent person, who has also been victimised by the company and is not a beneficiary. He thus submits that the applicant has been falsely implicated due to ulterior motive. Several other
submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.09.2024.
3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.
5. Let applicant Vinod Kumar Dubey @ Anand Dubey involved in Case Crime No.0145 of 2023 under Sections 420, 467, 468, 471, 323, 506 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
7. The bail application is allowed.
Order Date :- 30.4.2025/S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad