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2025 DAILYLAW 200970 (ALL)

BALGOVIND DUBEY v. STATE OF U.P.

BAIL/25792/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25792 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Rajesh Dwivedi, learned counsel for the applicant and Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Balgovind Dubey, seeking enlargement on bail in Case Crime No. 229 of 2020, under Section 3/4 of Explosive Act, Police Station- Chaubepur, District-Kanpur Nagar. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.08.2020. Learned counsel for the applicant submits that the applicant is senior citizen 62 years of age. Learned counsel for the applicant submits that the applicant has been implicated in the present case only of being resident of Bikru village and the police has tried to connect the applicant with the Gang of late Vikas Dubey. Recovery of four diffused bomb has been shown from the applicant which is planted one. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has of no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Versus Counsel for Applicant(s) : Rajesh Dwivedi Counsel for Opposite Party(s) : G.A. Balgovind Dubey .....Applicant(s) State of U.P. .....Opposite Party(s) Accordingly, the bail application is allowed. Let the accused-applicant, Balgovind Dubey, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 15, 2025 Deepak/ BAIL No. 25792 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad