This court granted bail to applicant Babloo, accused in a case involving extortion and criminal misappropriation, citing the severity of the charge, reasonable apprehension of witness tampering, and the applicant's readiness to cooperate.
Released on bail by furnishing personal bond with two sureties.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1912 of 2018
Applicant :- Babloo Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar,Madan Mohan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.
Heard learned counsel for the applicant and Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the recovery of Rs.9,500/and one mobile. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 29.7.2017. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Babloo involved in Case Crime No.178 of 2017, under Sections 392, 411 I.P.C., Police Station Kalpi, District Jalaun be released on bail on his furnishing a personal bond with two sureties
each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 8.3.2018 Dev/-
2 issues framed by the court
Whether bail should be granted to the applicant accused of offences under Sections 392, 411 IPC.
Whether the applicant's claim of false implication and lack of criminal history warrants release.
Babloo
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
