Dismissed

Babloo @ Shivam v. State of U.P.

Allahabad HC15 Sept 2022BAIL/19646/2022

Case brief

AI extract

What is this about?

Single Judge rejected a bail application (CRIMINAL MISC. B.A. No. 19646 of 2022) filed by Babloo @ Shivam. The Court held that the applicant was a habitual absconder who failed to appear after being granted bail in 2010, absconding until his 2022 arrest.

What did the court decide?

The bail application is liable to be rejected and hence rejected. Expedited trial is directed by the trial court.

Babloo @ Shivam Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19646 of 2022

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Applicant :- Babloo @ Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Manish Gupta,Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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This bail application has been filed by the applicant Babloo @ Shivam involved in case crime no.809 of 2010 (Session Trial No.448 of 2018, Babloo @ Shivam Vs. State of U.P.) under sections 323, 308, 506 IPC, Police Station Kalyanpur, District Kanpur Nagar.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. There is no criminal antecedents of the applicant. Alleged offences are not made out against the applicant. He has been languishing in jail since 12.4.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. vehemently opposed the prayer for bail.

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In this matter, from perusal of the record, it is revealed that applicant has been granted bail on 20.9.2010 from the Court of Sessions Judge, Kanpur Nagar, but subsequently he did not appear before the Court and absconded. A perusal of the bail rejection order dated 25.4.2022 reveals that the applicant had been absconding since 2010 to 2022, meanwhile several coercive process, process under section 82 Cr.P.C. and notice to the sureties were issued by the Court, but the applicant remained absconded. However, on 13.4.2022, he was arrested by the police. Hence, it is evident that the applicant had bitterly misused the bail granted by the Sessions Court and has been habitual absconder. Such an accused, who misuses the liberty of bail in this manner, is not entitled for any sympathy from the Court. I find no force in the bail application of the applicant.

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The bail application is liable to be rejected, hence rejected.

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However, since the matter belongs to the year 2010, it is expected that the learned trial court shall make all possible endeavour to expedite the trial of the case and to conclude it as early as possible.

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Order Date :- 15.9.2022 ss

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Digitally signed by SANDEEP SHARMA Date: 2022.09.16 14:51:12 IST Reason: Location: High Court of Judicature at Allahabad

Babloo @ Shivam v. State of U.P.

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Babloo @ Shivam v. State of U.P.

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