Billu v. State of U.P.
Case brief
What is this about?
The court granted anticipatory bail to the applicant in a criminal case under Sections 323, 326, and 147 IPC, considering co-accused bail orders and absence of tampering risk, subject to conditions.
What did the court decide?
Released on bail on personal bond and two reliable sureties of like amount subject to conditions.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37076 of 2021
Applicant :- Billu Opposite Party :- State of U.P. Counsel for Applicant :- Km. Surabhi,Sudeep Kumar Counsel for Opposite Party :- G.A.,Chandra Bhan Kushwaha
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 178 of 2021, under Sections 323, 326 and 147 I.P.C. at Police Station Musajhag, District Budaun with a prayer to enlarge him on bail.
It is stated that that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has further stated that as per the first information report, general role has been assigned to all the accused. Learned counsel further stated that co-accused Chandramukhi @ Jagmohan and Majid have already been granted bail vide orders dated 02.11.2021 passed in Criminal Misc. Bail Application No. 40013 of 2021 and order dated 09.09.2021 passed in Criminal Misc. Bail Application No. 39111 of 2021, respectively. The applicant has no criminal history and is languishing in jail since 16.07.2021. In these circumstances, the applicant is entitled to be released on bail.
Learned A.G.A. has opposed the prayer for bail however could not dispute the aforesaid bail orders of the co-accused.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be released on bail considering the bail orders of co-accused and his lack of criminal history.
Parties & counsel
- applicant
Billu
Coram
Saurabh Lavania
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/37076/2021
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