Allowed

Babloo @ Pradeep v. State of U.P.

Allahabad HC12 Oct 2020BAIL/4078/2020

Case brief

AI extract

What is this about?

The court allowed the bail application of Babloo @ Pradeep in a case alleging robbery, citing false implication arguments and the spread of coronavirus, while directing specific conditions regarding sureties and cooperation in the trial.

What did the court decide?

Order of release on bail subject to personal bond and two sureties after verification, without prejudice to short-term bail status.

Babloo @ Pradeep Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4078 of 2020

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Applicant :- Babloo @ Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla,Puneet Bhadauria,Ram Chandra Solanki Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed is taken on record.

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Heard Sri Santosh Kumar Shukla, Sri Puneet Bhadauria and Sri Ram Chandra Solanki, counsels for the applicant and learned A.G.A for the State.

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The allegation against the applicant and three co-accused persons is that they have robbed one golden chain and Rs. 1,890/- of the informant. Counsel for the applicant has submitted that it is a case of false implication. Although recovery of golden chain has been made from the applicant after three months but there is no witness of recovery. The applicant is in jail since 31.07.2019 and has criminal history of 25 cases explained in supplementary affidavit filed today.

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Counsel for the applicant has further submitted that the police has falsely implicated him in most of the cases, after implication in one case he was implicated in number of unsolved cases simultaneously only to work out the cases. He had no role in most of the cases. Co-accused, Deepu Yadav, has already been enlarged on bail vide Crl. Misc. Bail Application No. 54588 of 2019.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Babloo @ Pradeep , in Case Crime No. 116 of 2019, under Sections- 323, 504, 392 and 411 IPC, Police Station- Achhalda, District- Auraiya, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 12.10.2020 Rohit

Babloo @ Pradeep v. State of U.P.

Case brief

What is this about?

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Babloo @ Pradeep v. State of U.P.

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