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2025 DAILYLAW 12895 (ALL)

BAJRANGLAL DUBEY v. STATE OF U.P.

BAIL/2996/2025 · 2025-05-18

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83451 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2996 of 2025 Applicant :- Bajranglal Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- Ashish Bajpayee,G.A.,Sudeep Dwivedi Hon'ble Sameer Jain,J. 1. Heard Sri Shriprakash Dwivedi, learned counsel for the applicant, Sri Ashish Bajpayee, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.213 of 2024, under Sections 103(2), 191(2), 191(3), 190, 131, 115(2), 109, 352, 3(5), 324(4) and 324(5) BNS and Section 7 Criminal Law Amendment Act, Police Station Kotwali Dehat, District Mirzapur during pendency of the trial. 3. Learned counsel for the applicant submits that however applicant is named in the FIR along with others but only role of exhortation has been assigned to him. 4. He further submits that bail application of co-accused Ambuj Dubey has been allowed today by this Court vide Criminal Misc.Bail Application No. 9968 of 2025 and on merit case of applicant is on better footing than him. 5. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 03.10.2024, i.e.,for the last more than seven months. 6. Per contra, learned AGA and learned counsel for informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is named in the FIR but from the material available on record it reflects that only role of exhortation has been assigned to him. 9. Further, today co-accused Ambuj Dubey has been enlarged on bail by this Court and it appears that the case of applicant is on better footing than him. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 3.10.2024, i.e., for the last more than seven months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view , applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Bajranglal Dubey be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad