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2025 DAILYLAW 29691 (ALL)

ADESH DUBEY ALIAS LATOORI v. STATE OF U.P.

BAIL/9707/2025 · 2025-05-26

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:92645 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9707 of 2025 Applicant :- Adesh Dubey Alias Latoori Opposite Party :- State of U.P. Counsel for Applicant :- Sushant Misra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard Sushant Misra, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Adesh Dubey @ Latoori, seeking enlargement on bail in Case Crime No. 53 of 2024, under Sections 147, 308, 323, 504, 506, 34 IPC, Police Station Kampil, District Farrukhabad. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 01.10.2024. He 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. 5. Learned counsel for the applicant submits that the incident took place on 26.03.2024 and its FIR was lodged on 27.03.2024 without giving any explanation for delay in lodging the FIR. The allegation made in the FIR are false and fabricated. no specific role has been assigned to the applicant and general role has been assigned to all the accused persons. It is submitted that it is a cross case and both the sides have sustained injuries and in this case the applicant was not aggressor. The injured Subhash was not medically examined at Government Hospital and he placed his injury reports prepared by a private hospital. The charge sheet has been submitted but the charge has not been framed and also no witnesses have been examined till date. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Adesh Dubey @ Latoori, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 27.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad