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Bablu v. State Of U.p

Bablu v. State Of U.p

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. BAIL APPLICATION No. - 37718 of 2022 | 20-10-2022

Deepak Verma, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant Bablu with a prayer to release him on bail in Case Crime No.361 of 2021, under Sections 177, 195, 120-B, 211 I.P.C P.S.Narkhi, District Firozabad during pendency of the trial.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. Police has challaned the applicant in the aforesaid case. Kamal Kishore father of co-accused lodged First Information Report as Case Crime No.361 of 2022 under sections 307, 504 I.P.C. against four persons. In First Information Report applicant is neither named as witness nor present on place of incident. Co-accused injured Kamal Kishore in his statement under section 161 Cr.P.C. first time took the applicant's name for hatching conspiracy. Applicant has no concerned with conspiracy as averred by co-accused Kamal Kishore. There is no evidence to implicate the applicant. He next argued that co-accused Kamal Kishore, has been granted bail by court below vide order dated 01.10.2022. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 17.07.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

4. Learned A.G.A. has opposed the bail prayer of the applicant.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeing in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

6. Let the applicant, Bablu, who is involved in the aforesaid case crime, 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 be verified.

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

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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

Advocate List
  • Vinay Kumar

  • G.A.

Bench
  • Hon'ble Justice Deepak Verma
Eq Citations
  • LQ
  • LQ/AllHC/2022/18396
Head Note

Criminal Procedure Code, 1973 — Ss. 437 and 439 — Bail — Grant of — Applicant languishing in jail since 17.07.2022 and co-accused has been granted bail by court below vide order dt. 01.10.2022 — No evidence to implicate applicant — Applicant is not a previous convict — Held, applicant has made out a case for bail — Bail application allowed — Conditions imposed — Sureties verified — Constitution of India, Art. 21