Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41572 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9545 of 2025 Applicant :- Gopal Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Rakesh Shukla, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Gopal Dubey, seeking enlargement on bail in Case Crime No. 146 of 2024, under Sections 115(2), 118(2), 351(2), 352 and 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Vishungarh, District- Kannauj.
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 11.12.2024.
Learned counsel for the applicant submits due to sudden quarrel arose between the parties, allegation of causing knife injury to the injured has been assigned to the applicant and one co-accused Girraj. Injuries sustained by the injured are simple in nature except the injury no. 1 which is kept under observation. There is no independent witness of the alleged incident. 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.
Learned counsel for the applicant further submits that the Investigating Officer has also submitted chargesheet in the matter and no useful purpose would be served by detaining the applicant. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Gopal 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.
Order Date :- 21.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad