Allowed

Babloo v. State of U.P.

Allahabad HC9 Jul 2018BAIL/3451/2018

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of Babloo charged with possession of Ganja. Relying on the parity principle as a co-accused with identical circumstances had already been granted bail, the Court released the applicant on personal and surety bonds subject to standard conditions.

What did the court decide?

Release on personal bond and two sureties in the like amount with conditions not to tamper with evidence or pressurize witnesses.

Babloo Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

¶1

Court No. - 41

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3451 of 2018

¶3

Applicant :- Babloo Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- GA

¶4

Hon'ble Aniruddha Singh,J.

¶5

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

¶6

According to the prosecution case, the F.I.R. was lodged against two accused persons, namely, Babloo and Pramod Jaiswal @ Pappu alleging that on 07.11.2017 they were arrested by the police and 80 Kg. 'Ganja' was recovered from their possession.

¶7

It is submitted by learned counsel for the applicant that 80 Kg. Ganja is said to have been recovered from the joint possession of accused applicant and co-accused Pramod Jaiswal @ Pappu; the applicant is innocent and he has been falsely implicated in the present case; the provisions enumerated under Section 50 of the N.D.P.S. Act was not followed and there is no public witness of the recovery. The role of the applicant is identical to that of the co-accused, namely, Pramod Jaiswal @ Pappu, who has been granted bail by Co-ordinate Bench of this Court on 22.06.2018 in Criminal Misc. Bail Application No. 3057 of 2018, hence he is also entitled to be enlarged on bail on the ground of parity. There is no criminal history against the applicant; he is in jail since 07.11.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶8

Learned AGA opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

¶9

Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

¶10

Let the applicant Babloo involved in Case Crime No. 0091 of 2017, under Section 8/20 of N.D.P.S. Act, P.S. Raipur, District Sonbhadra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of

¶11

the court concerned with the following conditions:

¶12

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

¶13

The applicant will not pressurize/ intimidate the prosecution witness.

¶14

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

¶15

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.

¶16

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.

¶17

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

¶18

Order Date :- 9.7.2018 NS

Babloo v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babloo v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Narpat and Others Vs State of U.P.

Smt. Rekha Vs State of U.P. and Another

Mahendra Prasad Vs State of U.P.

Dinesh Vs State of U.P.

Ravindra Vs State of U.P.

Baba Sanatan Das Vs State of U.P. and Anr.