The Allahabad High Court has allowed the bail application of Deepak Dubey, brother of gangster Vikas Dubey, the main accused in the Bikru case of Kanpur.
A single-judge bench of Justice Siddharth passed this order while hearing a Criminal Misc Bail Application filed by Deepak @ Deep Prakash @ Deepu.
The bail application has been filed on behalf of Deepak @ Deep Prakash @ Deepu with a prayer to release him on bail in case under Sections 419, 420 IPC Police Station Chaubeypur, District- Kanpur Nagar, during pendency of trial.
There is allegation of cheating against the applicant and other co-accused persons in the First Information Report. Applicant has been implicated on the allegation that he was found using mobile number, which was registered in the name of Daya Shankar Agnihotri. There is an allegation against him that he was using mobile phone with intention to commit crime.
The counsel for the applicant submitted that the applicant has been falsely implicated in the case since he is brother of criminal late Vikas Dubey. He had a criminal history of nine cases registered against him from 1998 to 2004 which has been explained in 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 Vikas Dubey was arrested in July 2021, he has been falsely implicated by the police in four cases after a gap of 16 years. There is no allegation against the applicant that the applicant has used mobile phone number in 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 has been in jail since 12.1.2021. There is no possibility of early conclusion of trial.
Rajesh Mishra, AGA appearing on behalf of the State, has filed counter-affidavit and has 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 the escape of Vikas Dubey. The FIR was lodged on the basis of detailed report submitted by the Special Investigating Team based on the statement of Daya Shankar Agnihotri. The rules of Telecom Regulatory Authority do not permit the change of subscriber.
He further submitted that the applicant is not entitled to be enlarged on bail. The court below has taken into account the conduct of the applicant and rightly rejected his bail application.
“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 CBI, 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 Court observed while allowing the bail application.
The Court ordered,
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 are verified.
- The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
- The applicant shall cooperate in the trial sincerely without seeking any adjournment.
- The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
- That the applicant 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 him from disclosing such facts to the Court or to any police officer;
- The applicant shall file an undertaking to the effect that he 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 applicant.
- 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 CrPC. 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 him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.