Allowed

Babu Lal v. State of U.P.

Allahabad HC17 May 2019BAIL/31615/2018

Case brief

AI extract

What is this about?

The High Court granted bail in the applicant's second application, noting that the victim and her husband had been declared hostile witnesses and the applicant had no prior criminal record, despite a previous rejection.

What did the court decide?

Released on bail by executing personal bond with two sureties subject to conditions against tampering, threatening witnesses, and appearing before the trial court.

Babu Lal Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 31615 of 2018 Applicant :- Babu Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.,Samriddhi Upadhyaya

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Hon'ble Vipin Sinha,J.

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Heard Sri Santosh Kumar Tiwaria, learned counsel appearing on behalf of the applicant, Sri Chandra Kant Mishra, Advocate, holding brief of Sri Samriddhi Upadhyaya and Sri Yogeshwar Rai, learned A. G. A. for the State.

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This second bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.206 of 2015, under Sections 376-D, 34, 323, 504, 506, IPC, Police Station Gonda, District Aligarh.

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This is the second bail application moved on behalf of the applicant. The first bail application was rejected on 09.01.2017.

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The contention of the counsel for the applicant in the second bail application is that subsequent to the rejection of the first bail application of the applicant, the victim herself examined as P.W.-2, and she has been declared as hostel, copy of the statement has been annexed on page no.1 to the supplementary affidavit dated 30.11.2018 is on record. Similarly the husband of the victim has been examined as P.W.-1, and he too has been declared as hostel, copy of the statement has been annexed on page no.1 also to the supplementary affidavit dated 30.11.2018 is on record. The applicant is languishing in jail since 22.12.2015 with no previous criminal history.

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The counsel for the complainant as well as learned AGA appearing for the State have opposed the prayer of bail but could not disputed the aforesaid fact that the victim as well as

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her husband have examined as P.W.-2 and 1 and have declared as hostile.

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In view of the aforesaid facts and circumstances and the fact that the applicant is languishing in jail since 22.12.2015, with no previous criminal history, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Babu Lal involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 17.5.2019/VKG

Babu Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babu Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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