The Allahabad High Court recently comprising of a bench of Justice Siddharth granted bail to the slain gangster Vikas Dubey's brother Deepak Dubey in connection with a cheating case. The allegation against Dubey is that he was found using a sim card registered in someone else's name with the intention to commit a crime. (Deepak @ Deep Prakash @ Deepu v. State Of U.P.)
Facts of the case
The instant bail application was filed on behalf of the applicant, Deepak @ Deep Prakash @ Deepu, with a prayer to release him on bail in the Case filed against him under Sections 419, 420 IPC, during the pendency of the trial.
There were allegations of cheating against the applicant and other co-accused persons in the First Information Report. Applicant was implicated on the allegation that he was found using a mobile number, which was registered in the name of Daya Shankar Agnihotri. There were allegations against him that he was using a mobile phone with the intention to commit a crime.
Contention of the Parties
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case since he is brother of the criminal Late Vikas Dubey. He had a criminal history of nine cases registered against him from 1998 to 2004 which has been explained in paragraph 19 of the affidavit filed in support of the bail application. He has been acquitted in six cases, convicted in one case and two cases are under the Gangsters Act. After Late Vikas Dubey was arrested in July 2021 he was falsely implicated by the police in four cases after gap of 16 years. There is no allegation against the applicant that the applicant has used a mobile phone number in the commission of any crime nor any complaint was lodged by the real owner of the mobile phone , Daya Shankar Agnihotri against him. The offence is triable by the Magistrate. The applicant is in jail since 12.1.2021. There is no possibility of an early conclusion of trial.
The learned A.G.A. appearing on behalf of the State vehemently opposed the bail application. He has submitted that the aforesaid mobile number belong to the servant of late Vikas Dubey. It was being misused by the applicant in aiding escape of Vikas Dubey. The First Information Report was lodged on the basis of a detailed report submitted by the Special Investigating Team based on the statement of Daya Shankar Agnihotri. The rules of the Telecom Regulatory Authority do not permit the change of subscriber. He submitted that the applicant is not entitled to be enlarged on bail. Moreover, The court below has taken into account the conduct of the applicant and rightly rejected his bail application.
Courts Observation & Judgment
The bench taking note of the contention of the parties remarked, “Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.”
The bench granting bail to the accused laid down few conditions and observed, “Let the applicant 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.”
Read Judgment @LAtestlaws.com
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