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Prabhat Alias Guddu Dwivedi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10054 of 2006 [2006] RD-AH 11055 (6 July 2006)


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Court No. 54


Prabhat alias Guddu Dwivedi Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri J.S. Sengar, learned counsel for the applicant, Sri Gyanendra Kumar Singh Advocate for the complainant and learned A.G.A. for the State.

The submission on behalf of the applicant is that since similarly placed co-accused Ram Balak Kewat, Narvada Prasad Dwivedi and Rajju Dwivedi have already been granted bail by this Court, the present applicant is also entitled to be released on bail. The bail application of the accused Pramod Kumar Dwivedi alias Rajju Dwivedi was allowed by this Court on 27.5.2005. Copy of the bail order is annexed as Annexure-13 to the affidavit. The co-accused Ram Balak Kewat and Narvada Prasad Dwivedi were granted bail on 3.8.2005 in Criminal Misc. Bail Application No. 14562 of 2005 on the ground of parity, with Pramod Kumar Dwivedi alias Rajju Dwivedi. The bail order dated 3.8.2005 is annexed as Annexure-12 to the affidavit. Learned counsel for the applicant has placed the first information report and other documents to show that the case of the present Prabhat alias Guddu Dwivedi is identical.

Counsel for the complainant has emphatically opposed the bail application, firstly on the ground that Rajju Dwivedi was granted bail by concealment of material fact, such as he has a previous criminal history which was concealed from the court and secondly that he was absconding for a considerable length of period.

On perusal of Annexure-13 to the affidavit, which is bail order passed by this Court relating to Rajju Dwivedi, the criminal history was brought to the notice of court and the court had taken into consideration the entire facts and circumstances of the case before the bail was allowed. Besides the investigation was changed and since the C.B.C.I.D. was seized with the matter, the case was being investigated after transfer from C.B.C.I.D. Allahabad Sector to C.B.C.I.D. Varanasi Sector.

Learned A.G.A. has not tried to bring to my notice any criminal history of the present applicant. In the circumstances, it is apparent that the case of the present applicant is at par with the other co-accused who are already on bail.

Let the applicant Prabhat alias Guddu Dwivedi be released on bail in case Crime No. 151 of 2003, under Sections 302, 307, 506, 120-B, 34 I.P.C. Police Station Paschim Sharira, District Kaushambi, subject to his furnishing personal bond with two sureties each of the like amount to the satisfaction of the court concerned, besides that the applicant shall also give an undertaking before the court concerned that he will not tamper with the evidence or threaten the witnesses after he is released on bail and shall also co-operate in expeditious trial of the case by the trial court who shall decide the case expeditiously keeping in view the provisions of Section 309 Cr.P.C. in this connection. It will be open to the trial court to cancel his bail in case there is any lapse on the part of the applicant in this regard.




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