Single judge allowed bail in a bail application under Sections 380, 411 IPC against the State of U.P., imposing conditions to not tamper with evidence or pressurize witnesses and to appear before the trial court.
Release on bail by furnishing a personal bond and two local sureties subject to four specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11232 of 2020
Applicant :- Raja Babu Opposite Party :- State of U.P. Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 113 of 2019, under Sections 380, 411 IPC, Police Station G.R.P. Mirzapur, District Mirzapur with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for applicant that applicant is innocent and falsely implicated in this case. The applicant is not named in FIR and that alleged recovery of mobile phone from applicant is false and baseless. There is no independent witness of alleged recovery. It was stated that in connected case Crime No. 177 of 2019, under Section 21/22 NDPS Act, applicant has already been granted bail by this Court. Criminal history against the applicant has been duly explained and in all three cases he is on bail, whereas bail application in two other cases is pending. It was further submitted that the applicant is languishing in jail since 19.11.2019 and in case, the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations and period of custody and
all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant Raja Babu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
Order Date :- 17.3.2020 A. Tripathi
2 issues framed by the court
Whether the present bail application deserves to be allowed.
Whether the applicant satisfies the conditions for grant of bail.
Raja Babu
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
