VIJAY PRAKASH DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/6905/2025 · 2025-07-28
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154041 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43272 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6905 of 2025 Applicant :- Vijay Prakash Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Kailash Nath Mishra,Rahul Mishra 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 applicant prepared a forged notarized agreement by affixing the photograph of an imposter in place of the complainant's son, who neither executed any such agreement nor received any consideration from the purchaser. It is further alleged that the complainant was threatened on 02.04.2012 on the basis of the said agreement.
Learned counsel for the applicant submits that co-accused Suresh Narayan Dubey in whose favour the agreement was executed and is beneficiary has already been granted bail by this Court vide order dated 22.07.2025 passed in Criminal Misc. Bail Application No.6601 of 2025. The applicant is marginal witness. Applicant has no criminal history however, he is languishing in jail since 12.06.2025. Applicant seeks parity with the bail order of co-accused Suresh Narayan Dubey (supra). He also submits that a suit for specific performance filed by co- accused Suresh Narayan Dubey is pending adjudication It is further submitted that the dispute is of a purely civil nature. 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 fact that the offences are triable by Magistrate, the applicant is in jail since 12.06.2025 however, he has no criminal history so also the bail order of co-accused Suresh Narayan Dubey (supra) to which applicant seeks parity, I am of the view that this is a fit case for granting bail to the applicant.
Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Vijay Prakash Dubey involved in Case Crime No.586/2012, under Sections 419/420/467/468/471 IPC, Police Station - Kotwali Nagar, District - Gonda, 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 in accordance with law. (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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
Order Date :- 28.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench