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Allahabad High Court · body

2025 DAILYLAW 91600 (ALL)

KARUNESH KUMAR DUBEY v. STATE OF U.P.

BAIL/34779/2025 · 2025-10-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34779 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 358 of 2025, under Sections 140(2) B.N.S., Police Station- Shahpur, District Gorakhpur. 3. Contention of learned counsel for the applicant is that though as per recovery memo abductee was recovered from the possession of the applicant but there is no evidence to show that any ransom was paid to the applicant he was falsely implicated in the present case. Therefore, the applicant is entitled to be released on bail. 4. On the other hand, learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that the abductee who was retired Army Officer was recovered by the police from the possession of the applicant and co-accused and prior to recovery of abductee, his wife was was called by the accused to pay ransom amount, therefore, the applicant is not entitled to be released on bail. 5. Considering the submission of learned counsel for the parties and taking into account the fact that the applicant and other co-accused persons demanded ransom, after abduction, from the wife of abductee and on receiving information, police chased the applicant and other accused Versus Counsel for Applicant(s) : Dhirendra Pratap Singh Counsel for Opposite Party(s) : G.A. Karunesh Kumar Dubey .....Applicant(s) State of U.P. .....Opposite Party(s) persons and recovered the abductee from the possession of the applicant; coupled with the fact that the applicant has criminal history of one case of Section 109 BNS, therefore, this Court is not inclined to enlarge the applicant on bail. 6. Therefore, the present application is rejected. October 9, 2025 A.Kr. BAIL No. 34779 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad