Bablu v. State of U.P.
Case brief
What is this about?
In a bail application regarding offenses under IPC and POCSO, the Court granted bail without expressing views on the merits, citing parity and constitutional mandates.
What did the court decide?
Released on bail with conditions including a personal bond, two sureties, and an undertaking to attend trial and not tamper with witnesses.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8151 of 2021
Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.,Satish Kumar Mishra
Hon'ble Rajiv Joshi,J.
Heard Mohammad Zakir, learned counsel for the applicant, learned AGA for the State, Sri Satish Kumar Mishra, learned counsel for the informant and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 722 of 2020, under Sections 323, 341, 376D, 506, 354B, 354D IPC and 5G/6 POCSO Act, Police Station Gulaothi, District Bulandshahar, during pendency of trial.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.11.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. He is not named in first information report and subsequently in the statements of prosecutrix recorded under Sections 161 and 164 Cr.P.C., there is no accusation against the applicant for rape. Rather, rape has been said to have been committed by Mohsin named accused. Hence, bail has been prayed for. It is next argued by learned counsel for the applicant that co-accused Javed and Bhuttu @ Vittu, whose role was identical to that of the applicant, have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 19.7.2021 and 11.8.2021 passed in Criminal Misc. Bail Application Nos. 8798 of 2021 and 8160 of 2021 and therefore, the applicant is also entitled for bail on the ground of parity.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in the pendency of the trial despite the severity of the charges.
Whether Bail has remained in law from the concerned Court on the same ground as the co-accused.
Parties & counsel
- applicant
Bablu
- respondent
State of U.P.
Coram
Rajiv Joshi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/8151/2021
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