Court allowed bail application of Babloo Rajbhar accused in Case Crime No.93 of 2019 involving offences under IPC and directed Court to expedite trial within one year.
Released on personal bond and two reliable sureties subject to standard bail conditions including undertaking to cooperate in trial and file confirmatory further documents.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44241 of 2019
Applicant :- Babloo Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.93 of 2019, under Sections 379, 411, 417, 420, 467, 468 and 471 IPC, Police Station Cantt, District Varanasi, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity; nothing has been recovered from the possession of the accused-applicant; recovery shown by Police is false and fake; there is no public witness at the time of recovery; criminal history of the accused-applicant has been explained in the supplementary affidavit. It is further contended that applicant is in Jail since 08.04.2019. It is further submitted that there is no possibility of the appellant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail; offence is triable by Magistrate. It is further contended that co-accused-Shubham Singh has already been granted bail vide order dated 27.09.2019 passed in Criminal Misc. Bail Application No.40490 of 2019 by this Court and the case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity.
Learned AGA opposed the prayer for bail and submitted that accused holds a Service Centre from where 10 motorcycles have been recovered for which he has no valid explanation.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, evidence collected by I.O. during investigation, recovery shown by Police, severity of punishment, allegation levelled against
the accused-appllicant, applicant deserves bail. Accordingly, bail application is allowed.
Let applicant-Babloo Rajbhar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall proceed the trial in view of Section 309 Cr.P.C., expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. In case, trial is not decided in the stipulated time, Trial Court shall inform this Court explaining entire circumstances and seek further time, otherwise it shall be treated as disobedience of the order of this Court.
Order Date :- 6.11.2019 Akram
1 issue framed by the court
Whether the accused-applicant is entitled to bail having been jointly implicated in offences under Sections 379, 411, 417, 420, 467, 468 and 471 IPC.
Babloo Rajbhar
Rajendra Kumar
As recorded by the court registry
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