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2025 DAILYLAW 66907 (ALL)

AMIT DUBEY ALIAS BABBAN v. STATE OF U.P. AND ANOTHER

NABAIL/4593/2025 · 2025-06-30

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100833 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4593 of 2025 Applicant :- Amit Dubey Alias Babban Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.K. Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavits filed by counsel for the applicant are taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.137 of 2024, under Sections 420, 467, 468, 471 I.P.C., Police Station- Maudarwaja, District- Farrukhabad, during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged sale-deed was executed in favour of applicant on 06.11.2020. The incident of alleged extortion had taken place on 07.11.2020. The first information report was lodged on 02.07.2024. The delay is fatal to the prosecution case. The applicant was granted regular bail by the Additional Sessions Judge, Court No.9, Farrukhabad, under Sections 323, 386, 447, 504, 506, 120B I.P.C. vide order dated 22.8.2024 passed in Crl. Misc. Bail Application No.2810 of 2024 (Amit Dubey @ Babban vs. State of U.P.). After investigation, charge-sheet has been submitted against the applicant under Sections 420, 467, 468, 471 I.P.C. The applicant neither forged nor manipulated any documents. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no.44 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that the first information report has been lodged belatedly, the applicant was granted regular bail by the Additional Sessions Judge, Court No.9, Farrukhabad, under Sections 323, 386, 447, 504, 506, 120B I.P.C. After investigation, charge-sheet has been submitted against the applicant under Sections 420, 467, 468, 471 I.P.C. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Amit Dubey Alias Babban, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 1.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad