Bablu v. State of U.P.
Case brief
What is this about?
In a bail application challenging a rejection order, the court allowed bail considering the allegedly false allegations, lack of independent evidence, coerced confession, and jail overcrowding during the pandemic.
What did the court decide?
The applicant Bablu was released on bail by furnishing a personal bond and two sureties.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1196 of 2022
Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Sunil Kumar Dubey, learned counsel for the applicant and Sri Nafees Ahmad, learned AGA for the State through video conferencing.
A first information report was lodged against the applicant arising out of Case Crime No. 0178 of 2021 at Police Station- Singhawali Aheer, District Baghpat under Section 302 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Baghpat on 11.10.2021.
The applicant is in jail since 19.06.2021, pursuant to the said F.I.R.
Sri Sunil Kumar Dubey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant further submits that the applicant was not named in the F.I.R. nor in the statement of the informant under Section 161 Cr.P.C. There is no eye witness of the incident. Even if it is considered as a case of circumstantial evidence, there is no incriminating link in the chain of circumstances against the applicant.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case where the prosecution relies on a coerced confessional statement and planted evidence with no eyewitnesses despite the bail having been previ
Whether the overcrowding of jails during the pandemic and the applicant's lack of prior criminal history warrant the enlargement of bail.
Parties & counsel
- applicant
Bablu
- respondent
State of U.P.
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/1196/2022
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