Allowed

Babloo v. State of U.P.

Allahabad HC24 Aug 2018BAIL/32362/2018

Case brief

AI extract

What is this about?

Hon'ble Aniruddha Singh J. allowed the bail application of Babloo charged under the U.P. Gangster Act. Despite false implication claims, the court ruled bail was made out, granting release on personal bond and sureties with standard conditions.

What did the court decide?

Release of applicant Babloo on personal bond and two sureties in the like amount upon furnishing satisfaction to the concerned court.

Babloo Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32362 of 2018

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Applicant :- Babloo Opposite Party :- State Of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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It is submitted by learned counsel for the applicant that according to gang chart, 25.5.2018 cases had been shown against accused applicant and he is on bail in three case. One case in Case Crime No. 120 of 2017 has wrongly been shown against the applicant. The applicant has been falsely implicated in the present case. He is languishing in jail since 25.5.2018 (three months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.

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Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicant except the gang chart and further he could not dispute the aforesaid fact as argued by learned counsel for the applicant.

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Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties 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 bail application is allowed.

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Let the applicant Babloo involved in Case Crime No. 197 of 2017, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Gari Pukhta, District - Shamli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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 or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 24.8.2018

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A. Singh

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32362 of 2018

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Applicant :- Babloo Opposite Party :- State Of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Learned counsel for the applicant submitted that No. 120 of 2017, under Section 379, 411 IPC, P.S. Babari, District Shamli has wrongly been shown against the applicant-Babloo.

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Call for a report from S.O., Police Station Ghinghana, Shamli to explain as to why and under what circumstances, above-said case has wrongly been shown against the applicant, by filing his personal affidavit on or before the date fixed.

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List this matter on 10th September, 2018 at 4.15 p.m. in the Chamber.

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Copy of this order be provided free of cost to Sri Karunakar Singh, learned A.G.A. for the State within 24 hours for compliance.

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Order Date :- 24.8.2018 A. Singh

Babloo v. State of U.P.

Case brief

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Babloo v. State of U.P.

Case brief

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