RAM SURAT DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/11676/2024 · 2025-10-16
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 202021 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202021 (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. - 11676 of 2024 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Udai Bhan Pandey, the learned counsel for the applicant and Sri Mayank Sinha, the learned Additional Government Advocate for the State.
2. This is second application seeking release of the application on bail in Case Crime No. 103/2023, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Motiganj, District Gonda.
3. First bail application no. 9890/2023 was rejected by means of an order dated 23.04.2024. While rejecting the first bail application of the applicant this Court had observed that expeditious disposal of trial is a fundamental right of the accused person and it directed the trial court to proceed with the trial expeditiously without granting unnecessary adjournments to any of the parties and to take adequate steps for ensuring attendance of the prosecution witnesses for recording their statements.
4. A copy of the order sheet of trial court has been annexed with the supplementary affidavit filed on behalf of the applicant which shows that the aforesaid direction of this Court issued while rejecting the first bail application has not been respected either by the trial court or by the prosecution. In these circumstances, continued incarceration of the applicant is not justified and he is entitled to be released on bail. Versus Counsel for Applicant(s) : Rajeev Kumar Mishra Rudra, Kailash Nath Mishra, Prabhakar Tiwari, Rahul Mishra, Udai Bhan Pandey Counsel for Opposite Party(s) : G.A. Ram Surat Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
5. Accordingly, the bail application is allowed.
6. Let the applicant-Ram Surat 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, unless his appearance is exempted by the Court. October 16, 2025 Pradeep/- BAIL No. 11676 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench