Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 263 of

2023

Applicant :- Abhishek Dubey @ Aashu

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Dhirendra Kumar Mishra,Arun

Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

The instant bail application has been filed on behalf of the

applicant with a prayer to release the applicant on bail during

the trial in Case Crime No. 539 of 2022, under Sections 406,

420, 379, 408, 487, 120B, 411, 413 IPC, P.S.- Madion, District -

Lucknow.

As per version of prosecution, present applicant including other

co-accused persons involved in taking out the actual articles

from the sealed cover packet and putting soil and clay in place

of the removed article, thereby committing forgery with the

company as well as consumers.

It is contended by learned counsel for the applicant that the

applicant is innocent and he has been falsely implicated in the

present case due to ulterior motive. He next added that there is

no cogent piece of evidence so as to connect him in the instant

matter. He next added that there is no independent public eye

witness of the aforesaid recovery. He next submits that

applicant was not involved in committing the aforesaid offence.

It is specifically mentioned in paragraph 14 of the bail

application that applicant has no previous criminal history. The

applicant is in jail since 02.10.2022. In case he is granted bail,

he will not misuse the liberty and would cooperate in the trial

proceedings.

He next contends that identically situated co-accused namely

Sachin Tiwari has already been granted bail by this Court in

Criminal Misc. Bail Application No. 13691 of 2022 vide order

dated 25.11.2022 thus applicant is also seeking parity of the

order aforesaid.

Per contra, learned A.G.A. opposed the prayer of bail and

submits that applicant was involved in committing the aforesaid

offence and, as such he is not entitled for bail but he could not

dispute the fact that identically situated co-accused has already

been granted bail by this Court.

Having heard the learned counsel for the parties and after

perusal of record, it is that there is no cogent piece of evidence

so as to connect him in the instant matter; further there is no

independent public eye witness of the aforesaid recovery;

further applicant was not involved in committing the aforesaid

offence, further identically situated co-accused has already been

granted bail by this Court; further there is no other criminal

history against the applicant; coupled with the fact that he is

languishing in jail since 02.10.2022, thus without commenting

on the merits of the case, I find it a fit case for bail.

Let the applicant- Abhishek Dubey @ Aashu involved in the

aforementioned 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, with the following

conditions:-

(1) The applicant shall not tamper with the prosecution

evidence by intimidating/ pressurizing the witnesses, or

otherwise during the investigation or trial;

(2) The applicant shall file an undertaking to the effect that he

shall not seek any adjournment on the dates fixed for evidence

when the witnesses are present in court. He shall remain present

before the trial court on each date fixed, either personally or

through his counsel. In case of his absence, without sufficient

cause, the trial court may proceed against him under Section

229-A of the Indian Penal Code;

(3) The applicant shall remain present, in person, before the

trial court on the dates fixed for (i) opening of the case, (ii)

framing of charge and (iii) recording of statement under Section

313 Cr.P.C.; and

(4) In case, the applicant misuses the liberty of bail during trial

and in orde