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2025 DAILYLAW 171523 (ALL)

ABHISHEK DUBEY v. STATE OF U.P.

BAIL/20192/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20192 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Anand Vibhor Singh, Advocate holding brief of Sri Sanjeev Kumar Yadav, counsel for the informant and Sri N.K.Sharma, learned AGA for the State-respondent. 2. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 233 of 2025, under Section 105 BNS, Police Station Chiluatal, District Gorakhpur during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The death of the father of the informant was accidental in nature. It was not by any deliberate act. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para 10 of the rejoinder affidavit. The applicant is in jail since 08.04.2025 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and the counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that at this stage, there is no substantive evidence to link the applicant with the offence. The applicant has remained confined for Versus Counsel for Applicant(s) : Amit Kumar Yadav, Ashish Kumar, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A., Sanjeev Kumar Yadav Abhishek Dubey .....Applicant(s) State of U.P. .....Opposite Party(s) more than six months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Abhishek Dubey, involved in the aforesaid case 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 subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 28, 2025 Lbm/- BAIL No. 20192 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad