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Neutral Citation No. - 2025:AHC:30273 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2232 of 2025 Applicant :- Harish Kumar Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Shukla,Suraj Pandey,Tej Om Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Tej Om Prakash Gupta, learned counsel for the applicant and Sri Shatrughan Yadav, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.469 of 2023, under Sections 147, 148, 149, 323, 304 IPC, Police Station Meja, District Allahabad during pendency of the trial. 4. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter along with as many as six others including co-accused Ramdhani on the basis of general and omnibus allegation and after considering entire facts in detail, co-accused Ramdhani has already been released on bail by co-ordinate Bench of this Court vide order dated 22.03.2024 passed in Criminal Misc. Bail Application No.3214 of 2024 and on facts case of applicant is exactly at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter, he is in jail since 02.12.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Ramdhani has already been released on bail by this Court and case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the
record of the case. 8. However, it is a case in which one person lost his life and two persons sustained injuries but it reflects on the basis of general and omnibus allegation applicant has been made accused in the present matter along with several others including co-accused Ramdhani and co-accused Ramdhani has already been released on bail by co- ordinate Bench of this Court and on facts case of applicant is exactly at par with him. 9. Further, applicant is not having any criminal history and in the present matter, he is in jail since 02.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant -Harish Kumar 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. 13. 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. 14. 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 :- 4.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad