Allowed

Lalbabu v. State of U.P.

Allahabad HC21 Nov 2022BAIL/52359/2022

Case brief

AI extract

What is this about?

Court granted bail to applicant Lalbabu, falsely implicated in a Section 147 IPC case, citing innocence, lack of specific role, no criminal antecedents, and parity with co-accused already released on bail. Court fixed standard bail conditions.

What did the court decide?

Acquitted on bail on executing personal bond and furnishing two sureties with standard conditions against tampering, harassment, and re-offending.

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

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52359 of 2022

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Applicant :- Lalbabu Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Shukla,Om Prakash Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Sri Anil Kumar Shukla, learned counsel for the applicant and Sri Luxman Prasad, learned AGA for the State.

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This is an application for bail on behalf of the applicant, Lalbabu, in connection with Case Crime No. 291 of 2020, under Sections 147, 323, 504, 308 IPC, Police Station Ghoorpur, District Allahabad.

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The submission of the learned counsel for the applicant is that he is innocent and has been falsely implicated in the present case. It is submitted that FIR has been lodged against the applicant and other fourteen co-accused persons with general allegation of beating her uncle Mahendra Singh through bricks and committing marpeet. The injuries received by the injured are fatal in nature. It is also submitted that no specific role has been assigned to the applicant. The applicant has no criminal antecedents. It is further submitted that co-accused, Satya Narayan, Dharmraj, Raju, Santosh, Kamlesh and Ramesh @ Paggal, Ranjit Kumar and Dharmendra @ Gajju have been granted bail by this Court on 09.08.2021, 28.09.2022 and 2.11.2022 in Criminal Misc. Bail Application Nos. 26943 of 2021, 38239 of 2022, 45518 of 2022 and 45430 of 2022 respectively. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 02.09.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced by learned counsel for the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Satya Narayan, Dharmraj, Raju,

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Santosh, Kamlesh and Ramesh @ Paggal, Ranjit Kumar and Dharmendra @ Gajju have been granted bail, but without expressing any opinion on the merit of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant Lalbabu involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.

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Order Date :- 21.11.2022 Pratima

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Digitally signed by PRATIMA AGRAHARI Date: 2022.11.21 17:06:38 IST Reason: Location: High Court of Judicature at Allahabad

Lalbabu v. State of U.P.

Case brief

What is this about?

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Lalbabu v. State of U.P.

Case brief

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