Allahabad High Court
Rajesh Kumar Dubey vs State Of U.P. on 25 April, 2025
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:64455 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 959 of 2025 Applicant :- Rajesh Kumar Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Om Singh Rathaur,Rajrshi Gupta Counsel for Opposite Party :- Arun Kumar Shukla,G.A.,Surendra Kumar Gupta Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Sri Purushottam Maurya, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Rajesh Kumar Dubey, seeking enlargement on bail in Case Crime No. 329 of 2024, under Sections 191 (2), 191 (3), 190, 115 (2), 131, 109 BNS and 7 CLA Act, Police Station Bansdih, District Ballia.
3. The allegation made in the FIR is that on 12.10.2024, an occasion of Ravan Dahan, the applicant and 12 named and unknown persons came there having lathi, danda, rod and axe, in the presence of police administration and caused injuries to Ankit Singh, Naveen Singh and Roshan Singh.
4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 09.12.2024. He has criminal antecedent of eight cases, which has been explained in para 15 to 21 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is neither the villager of the village Kharauni nor member of the both committee and due to political rivalry he has been falsely implicated in the present case and nothing has been recovered from the possession of the applicant. Only the role of exhortation has been assigned to the applicant. In the present case three persons namely Ankit Kumar Singh, Naveen Singh and Roshan Singh have sustained injuries and they were medically examined. As per the medical examination report of the injured persons, all the injuries are simple in nature. It is submitted that from the side of first informant, present FIR bearing case Crime No.329 of 2024, under Sections 191 (2), 191 (3), 190, 109, 115 (2), 131 BNS and Section 7 CLA Act, Police Station Bansdih, District Ballia, was lodged at 04:39 hours against which from the applicant's side an FIR bearing Case Crime No. 330 of 2024, under Sections 191 (2), 191 (3), 190, 115 (2) BNS and Section 7 CLA Act, P.S. Bansdih, District Ballia, has also been lodged on 13.10.2024 at 8:28 hours against 13 persons in respect to the same incident which took place on 12.10.2024. It is next submitted that till date charge sheet has not been submitted and the FIR of this case is totally falls, fabricated and concocted. Hence, bail has been prayed for.
5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
7. Accordingly, the bail application is allowed.
8. Let the accused-applicant, Rajesh Kumar Dubey, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.4.2025/v.k.updh.