Bail application filed by Bablu @ Shiv Babu in a criminal case alleging assault. Court granted bail without commenting on merits based on lack of specific role assigned.
Released on bail by furnishing personal bond and two local sureties on conditions of appearance and no tampering.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55419 of 2021
Applicant :- Bablu @ Shiv Babu Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Gautam Counsel for Opposite Party :- G.A.,Shesh Chand Upadhyay
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Sri Brijesh Kumar Yadav, Advocate holding brief of Sri Shesh Chand Upadhyay, learned counsel for the informant and learned A.G.A. for the State.
It is contended that the applicant has been falsely implicated in the instant case. As per the allegation seven persons including the applicant are alleged to have assaulted Mangal, Parsadi Lal and Smt. Sushila. No specific role has been assigned to the applicant. The applicant has not be identified as assailant. who caused grievous injury. It is submitted that in the incident, from the side of the applicant also three persons are injured. It is further contended that the coaccused Rajnarayan Gautam has been granted bail by this Court in Criminal Misc. Bail Application No. 55169 of 2021 vide order dated 11.3.2022. The applicant claims parity. The applicant is in jail since 11.11.2021. In case, the applicant is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Perused the material on record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant Bablu @ Shiv Babu involved in case crime no.273 of 2021, under Sections 147, 148, 149, 323, 308, 504 I.P.C., P.S. Maudaha, District Hamirpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.3.2022 S.S.
Digitally signed by SIDDHARTH SRIVASTAVA Date: 2022.03.30 17:58:20 IST Reason: Location: High Court of Judicature at Allahabad
Bablu @ Shiv Babu
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
