The High Court granted bail to the applicant Babloo in a kidnapping and child trafficking case involving sections 363, 467, etc. of IPC, releasing him on personal bond and sureties subject to strict conditions regarding court attendance and cooperation with the trial.
Release on bail by furnishing a personal bond and two local sureties each of the like amount of
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28060 of 2022
Applicant :- Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.282 of 2022, under Sections-363, 370(5), 311, 120B, 420, 467, 468, 471 of IPC Police Station- Gandhi Park, District Aligarh.
Learned counsel for the applicant submits the FIR has been lodged against the applicant and three other co-accused persons with the allegation that applicant and other co-accused persons have a gang and they used to kidnap the infants and sell them to issueless persons. Co- accused Poonam and Pramod, both of them were arrested for the allegation of purchasing a baby. Both are husband and wife and have been enlarged on bail on the ground of adoption deed by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.27101 of 2022 and 26604 of 2022 vide orders dated 30.6.2022 and 29.6.2022. The applicant has no previous criminal history as stated in paragraph no. 20 to the affidavit filed in support of the bail application. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 26.4.2022.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant that the main co-accused has enlarged on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of the offence, main co-accused enlarged on bail and without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Babloo involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction
of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant 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 his under Section 229-A of the Indian Penal Code.
(iii) 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, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 11.7.2022 S.K.
Digitally signed by SWEETY KANOJIA Date: 2022.07.15 12:32:10 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Babloo is entitled to bail in a kidnapping and child trafficking case where main co-accused has been granted bail.
3 provisions across 2 enactments
Babloo
Ali Zamin
S. Kanojia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
