Mahesh Dubey vs State Of Uttar Pradesh

Learned Additional Government Advocate has informed that he has procured complete instructions in the matter and investigation in this case is still going on.

Heard the learned counsel for the applicant through video conferencing as well as learned A.G.A. for the State and perused the record.

This bail application has been moved by the applicant- Mahesh Dubey for grant of bail, in Case Crime No. 0379 of 2020, under Sections 3(1) U.P. Gangster and Anti Social Activities Act, P.S.Maharajganj, District Ayodhya during trial.

Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case as well as in the single case mentioned in the gang chart. However in single case mentioned in the gang chart the applicant has been released on bail by the court of Additional District and Sessions Judge, Room No.12/Special Judge, N.D.P.S. Act, Faizabad vide order dated 27.10.2020, passed in Bail Application No.1341 of 2020 and apart from the above single case the applicant is not involved in any other criminal case.

It is further submitted that the applicant is in jail in this matter since 10.07.2020 and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

Learned A.G.A. however, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the applicant as also the facts which have been stated in the F.I.R. are not sufficient enough to presume that the applicant is guilty of the offence mentioned therein.

Having heard learned counsel for applicant and having perused the record it is evident that the provisions of Gangster's Act have been invoked against the applicant on the basis of single criminal case pertaining to the N.D.P.S. Act, however in that case he has been released on bail by the subordinate court and apart from the above mentioned single case the applicant is not involved in any other criminal case.

Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.

Let the applicant - Mahesh Dubey involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall cooperative in the investigation of the case.

(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.