RAM PRATAP DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/5117/2025 · 2025-06-05
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145132 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145132 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34690 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5117 of 2025 Applicant :- Ram Pratap Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Kewal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the incident has taken place on 20.3.2025 at about 11.00 pm when the applicant along with the co-accused have attacked the informant and his family members and intimidated them. The firing by the accused persons has also been alleged in the prosecution case.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case due to enmity. No specific role has been assigned to the applicant. The false recovery of . 32 bore country made pistol has been shown against the applicant, to which there is no independent witness. He further submits that the co-accused Ziyaul Haque Qazi @ Yushu Qazi against whom serious allegations were levelled, has been granted bail by a coordinate Bench of this Court vide order dated 27.5.2025 passed in Criminal Misc. Bail Application No. 528 of 2025. The role of the applicant is similar to the said co- accused. It is further submitted that the applicant has no criminal history and he is languishing in jail since 23.4.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the role of the applicant is similar to the co-accused Ziyaul Haque Qazi @ Yushu Qazi who has already been granted bail; the applicant is in jail since 23.4.2025 having no criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed. Let the applicant- Ram Pratap Dubey involved in Case Crime No. 26 of 2025, under Sections 191(2),191(3),352, 351(3), 288, 324(4), 223(b), 331(6) B.N.S. & Section 3/25 Arms Act, Police Station- Sriduttganj, District- Balrampur, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 5.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench