Allahabad High Court
Ashish Dubey And 3 Others vs State Of U.P. on 12 March, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6762 of 2020
Applicant :- Ashish Dubey And 3 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Aalok Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Ashish Dubey, Vikas Dubey, Mritunjay Dubey and Deepu Dubey,with a prayer to release them on anticipatory bail in Case Crime No.94 of 2020, under Sections - 323, 324, 307, 504, 506 I.P.C., Police Station - Rampur Karkhana, District - Deoria during pendency of trial.
By the order dated 09.11.2020, applicant was granted interim anticipatory bail. Counter affidavit filed by learned AGA but there is nothing which may go to prove that the interim anticipatory bail granted to the applicants was not justified.
Accordingly, the anticipatory bail application is allowed.
For the reasons given in the earlier order dated 09.11.2020 it is provided that in the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
3. That the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case ofSushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants 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. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.3.2021
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