Allahabad High Court Grants Bail To Slain Gangster Vikas Dubey's Brother In Cheating Case

The Allahabad High Court has 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 crime.

However, keeping in view the nature of the offence, the argument advanced on behalf of the parties, evidence on record regarding the complicity of the accused, and the larger mandate of Article 21 of the Constitution of India, the bench of Justice Siddharth granted him bail.

Before the Court, Dubey's counsel argued that he has been falsely implicated in this case since he is the brother of the criminal Late Vikas Dubey and his brother was arrested in July 2021, he had been falsely implicated by the police in four cases after a gap of 16 years.

It was contended that there is no allegation against him that he used his 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.

Lastly, it was argued that the offence is triable by the Magistrate, the applicant is in jail since January 2021, and that there is no possibility of an early conclusion of the trial.

On the other hand, the  A.G.A. appearing on behalf of the State opposed the bail application by submitting that the mobile number in question belong to the servant of late Vikas Dubey and the same was being misused by the applicant in aiding the escape of Vikas Dubey.

It was also argued that 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 and since the rules of the Telecom Regulatory Authority do not permit the change of subscriber, therefore, the applicant is not entitled to be enlarged on bail.

Case title - Deepak @ Deep Prakash @ Deepu v. State Of U.P., Through Secretary Home Govt. Of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 54178 of 2021]

Case Citation: 2022 LiveLaw (AB) 400

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