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2025 DAILYLAW 58661 (ALL)

ASHOK DUBEY ALIAS PINTU DUBEY v. STATE OF U.P.

BAIL/16623/2025 · 2025-05-21

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86759 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16623 of 2025 Applicant :- Ashok Dubey Alias Pintu Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A.,Rajiv Kumar Singh Hon'ble Sameer Jain,J. 1. Case called out in revised list. None present on behalf of the informant. 2. Heard Sri Vipin Kumar Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 453 of 2024, under Sections 103(1), 238 B.N.S., Police Station Kerakat, District Jaunpur during pendency of the trial. 4. Learned counsel for the applicant submits, it is a case of circumstantial evidence and on the basis of false allegation applicant has been made accused in the present matter along with co-accused Ayush Mishra @ Kallu Mishra and after considering the entire facts of the case in detail co-accused Ayush Mishra @ Kallu Mishra has been released on bail by this Court vide order dated 09.05.2025 passed in Criminal Misc. Bail Application No.13614 of 2025 and on facts, case of applicant is at par with him. 5. He further submits, however, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application. 6. He further submits, in the present matter applicant is in jail since 15.12.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Ayush Mishra @ Kallu Mishra has been released on bail by this Court and criminal history of the applicant has been explained in the instant bail application and in the present matter applicant is in jail since 15.12.2024, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Ashok Dubey @ Pintu 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad