AYUSH DUBEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/7230/2025 · 2025-09-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155947 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155947 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7230 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Vindeshwri Pandey, learned counsel for the applicant as well as Shri Ashok Kumar Srivastava, learned AGA for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 495/2025, under Sections 317(2), 317(4), 318(4), 336(2) B.N.S., Police Station Kotwali Nagar, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector on 18.06.2025 against four named persons, including the applicant, stating that on the basis of information received from a mukhbir that some thieves had hidden some stolen motorcycle in a pit, the police arrested the accused persons while they had approached the pit for removing the stolen motorcycle. the recovery memo states that the recovery was not witnessed by any independent witness. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged about 21 years, he is an innocent person and he has been falsely implicated in the present case and he has no criminal history. 5. Learned AGA has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 24.07.2025. 6. The co-accused Mahan Dubey and Shubham Kumar have been granted Versus Counsel for Applicant(s) : Vindeshwri Pandey Counsel for Opposite Party(s) : G.A. Ayush Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
bail by means of an orders dated 20.08.2025 and 26.08.2025 passed by this Court in CRIMINAL MISC. BAIL APPLICATION Nos. - 7759 of 2025 and 7974 of 2025 respectively. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view that the fact that the applicant was arrested along with other accused persons when he approached near some stolen motorcycle; no incriminating material has been recovered from the possession of the applicant; and that the applicant is a young man aged about 29 years and he is languishing in jail since 19.06.2025 whereas the investigation already stands concluded and the co-accused Mahan Dubey and Shubham Kumar have been granted bail, I am of the view that the applicant is also entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ayush 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 Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 8, 2025 S. Shivhare BAIL No. 7230 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench