Bablu v. State of U.P.
Case brief
What is this about?
Single judge granted bail to the applicant in a case involving grievous hurt and attempted/culpable homicide, relying on medical injuries, false FIR allegations, and bail granted to co-accused, without commenting on merits.
What did the court decide?
Bail granted on personal bond and two sureties subject to conditions of presence, non-tampering and no unlawful activities.
What the court decided
Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5654 of 2019
Applicant :- Bablu Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated in this case; that the case was lodged by Shiv Kumar against eight accused persons on 11.07.2018 alleging that all the accused doing mar peet on 11.07.2018 at 8.00 pm; that applicant Ajay @ Babloo was beaten by accused persons through Lathi and Danda due to which he received several injuries; that injury received by the applicant Ajay @ Babloo on his head, is serious in nature and other injuries received on his body, are simple in nature; that the averments made in the F.I.R. are absolutely false, baseless and highly improbable; that the applicant has no criminal history; that co-accused Narendra, Suresh and Virendra have already been granted bail by this Court vide order dated 20.12.2018 and 10.01.2019 respectively; that the case of the applicant is identical to the case of co-accused persons who have already granted bail by this Court; that no specific role has been assigned to the applicant; that it is also not certain that who is the author of that injuries; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 16.07.2018.
Learned A.G.A. opposed the prayer of bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Issues for consideration
2 issues framed by the court
Whether the applicant entitled to bail given co-accused already granted bail and averments are false.
Conditions for granting bail under Sections 147, 323, 307, 302 IPC.
Parties & counsel
- applicant
Bablu
Coram
Suresh Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5654/2019
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