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2025 DAILYLAW 159185 (ALL)

KAMLESH DUBEY @ BABBU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7892/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7892 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ravi Shankar Mishra, learned counsel for the applicant and Shri Prashant Singh, learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.191 of 2024, under Sections 310(2), 311, 317(3) of BNS, registered at Police Station - Kunda, District - Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.07.2024 against three men and a woman stating that the accused persons committed theft in the night of 06.07.2024. Upon hearing the noise, the informant and his family members woke up and raised hue and cry whereupon the accused persons assaulted the informant and his daughters with an iron rod and they fired a gun shot due to which the informant's daughters suffered a gun shot injury. 4. The other co-accused persons have already been granted bail by means of orders dated 23.10.2024, 26.11.2024 and 03.03.2025 passed by a Co- ordinate Bench of this Court in Bail Application Nos.11165 of 2024, 12306 of 2024 and 754 of 2025. 5. In the affidavit filed in support of bail application, it has been stated that the applicant is an innocent person and has been falsely implicated in the present case. The applicant's involvement in 12 other cases has been disclosed in para 21 of the affidavit, in 10 of which the applicant has been released on bail. Versus Counsel for Applicant(s) : Ravi Shankar Mishra Counsel for Opposite Party(s) : G.A. Kamlesh Dubey @ Babbu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Learned A.G.A. has opposed the bail application and he has submitted that allegations levelled have been established during the investigation and a charge sheet has been submitted on 24.11.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 07.10.2024 whereas all the other co-accused persons have been granted bail and the investigation already stands concluded, I am of the view that the applicant is also entitled to be released on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant Kamlesh Dubey@Babbu be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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. August 27, 2025 S. Shivhare BAIL No. 7892 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench