Criminal Misc. Bail Application where the applicant, a labourer with no prior criminal history, sought bail alleging false implication. The court granted bail subject to conditions:
The applicant Babloo Yadav was released on bail upon furnishing a personal bond with two sureties, each providing equivalent security to the court.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3566 of 2018
Applicant :- Babloo Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Kali Charan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Kali Charan Yadav, learned counsel for the applicant and Ms. Poonam Singh Sengar, 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 applicant is a labourer and belongs to a poor family and he is sole bread earner of his family having two children, the said fact has been mentioned in para 15 of the affidavit accompanying this bail application. 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 28.11.2017. It has been pointed out that the applicant has no previous 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 Yadav involved in Case Crime No.2727 of 2017, under Sections 419, 420, 467, 468, 471 I.P.C. & 63 Copyright Act, Police Station Khalilabad, District Sant Kabir Nagar 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 :- 1.2.2018
Dev/-
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the allegations of false implication and his financial status.
Babloo Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
