Allowed

Babloo Singh v. the State of U.P. Thru. Prin. Secy. (Home) Lko.

Allahabad HC4 Nov 2022/3096/2022

Case brief

AI extract

What is this about?

The high court disposed of a bail application by releasing the applicant on anticipatory bail conditions due to lack of cogent evidence despite prior criminal antecedents, without expressing a view on the merits of the underlying charge.

What did the court decide?

Release of applicant on bail subject to personal bond, sureties, and undertaking not to tamper with evidence or seek adjournments.

Babloo Singh Vs the State of U.P. Thru. Prin. Secy. (Home)… — Bail and Remand | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3096 of 2022

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Applicant :- Babloo Singh Opposite Party :- The State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Ramesh Singh,Devendra Pratap Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 73 of 2021, under Sections 379, 411, 413 IPC, Police Station- Kachhauna, District Hardoi.

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As per the version of the first information report, a motorcycle is said to be stolen/robbed by the present applicant including other co-accused persons.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He next added that there is no independent public eye witness of the said incident and police has planted the applicant in the instant matter. He next added that incident is said to be taken place on 01.02.2021 and FIR was lodged on 02.02.2021 and the present applicant is languishing in jail in the instant matter after taking remand on 22nd December, 2021. He added that there are 9 cases previous criminal history of the applicant which has been mentioned in the supplementary affidavit. The applicant is a law abiding citizen and he is languishing in jail since 22nd December, 2021. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State vehemently opposed the contention aforesaid and submits that there are 9 cases previous criminal antecedent of the applicant and there is sufficient evidence against the applicant to involve in committing

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the aforesaid offence and as such he is not entitled to be released on bail.

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Having heard the learned counsel for the parties and after perusal of record, it is evident that the FIR was lodged after one day delay; as per the assertion of the applicant, there is no cogent piece of evidence to connect him in the instant matter; further 9 cases previous criminal antecedent have been mentioned in para 3 of the bail application and he is languishing in jail since 22.12.2022.

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Thus, considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.

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Let the applicant- Babloo Singh involved in the aforementioned crime 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, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A

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of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 4.11.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.11.10 09:25:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Babloo Singh v. the State of U.P. Thru. Prin. Secy. (Home) Lko.

Case brief

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Babloo Singh v. the State of U.P. Thru. Prin. Secy. (Home) Lko.

Case brief

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What did the court decide?

What the court decided

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