Babu Lal v. State of U.P.
Case brief
What is this about?
Hon'ble Court allowed bail to Babu Lal in cases under IPC Section 354-K and POCSO Act, distinguishing Dataram Singh. Applicant released on personal bond with conditions pending court restoration.
What did the court decide?
Release applicant on personal bond with two sureties on conditions pending restoration of court functioning.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26140 of 2020
Applicant :- Babu Lal Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt,Shahroze Khan
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
As per the office report dated 15.12.2020, notice upon opposite party no.2 has been served personally, but neither anyone has appeared on his behalf nor any counter affidavit has been filed.
Heard Shahroze Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 157 of 2020, under Sections 354-kha IPC and Section 7/8 of POCSO Act, P.S. Shohratgarh, District Siddharth Nagar, during pendency of trial.
It is contended by learned counsel for the applicant that he has falsely been implicated in the present case with ulterior motive. It is next contended that general role of catching hold has been levelled against the applicant. It is next contended that there is no credential evidence against the applicant which may show involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. It is next contended by learned counsel for the applicant that coaccused Niranjan, whose role was identical with the applicant, has been granted bail by the co-ordinante Bench of this Court vide order dated 1.10.2020 in Criminal Misc. Bail Application No. 29096 of 2020. Hence, parity is claimed. It has been further contended that applicant is in jail since21.06.2020, having no other previous criminal history to his credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Issues for consideration
3 issues framed by the court
Whether the bail application should be allowed in view of the circumstances and the preferences of the Committee constituted under the orders of Hon'ble Supreme Court.
Whether the applicant is entitled to be released on bail subject to conditions given in the orders of the Hon'ble Supreme Court.
Whether there is likelihood of tampering with the prosecution evidence during the investigation or trial.
Parties & counsel
- applicant
Babu Lal
- respondent
State of U.P.
Coram
Rajiv Joshi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/26140/2020
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