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2025 DAILYLAW 75804 (ALL)

VIVEK ALIAS DABBU v. STATE OF U.P.

BAIL/25449/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25449 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Hari Shankar Tripathi, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 169 of 2025, under Sections 270, 271, 125 BNS, Sections 5, 9B of Explosives Act, 1884 and Section 3(a) of Explosive Substances Act, 1908, Police Station Daurala, District Meerut, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. A false recovery has been foisted on the applicant where about 30 cartons and 3 bags of crackers were recovered from his house. 5. Learned counsel for the applicant has further argued that the criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 06.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Hari Shankar Tripathi, Shailendra Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Vivek Alias Dabbu .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Vivek Alias Dabbu who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 #Vik/- BAIL No. 25449 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad