Allowed

Bablu Alias Zaid v. State of U.P.

Allahabad HC20 May 2022BAIL/786/2022

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Bablu Alias Zaid in a kidnapping case. The court held there was merit in the application, noting the principal offender was on bail and prosecution evidence did not connect the applicant to the offence.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

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

¶1

Court No. - 68

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 786 of 2022

¶3

Applicant :- Bablu Alias Zaid Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar,Maohammd Nadeem Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

Shri Subhash Chandra, Investigating Officer, Police Station Saurikh Gate, District Kannauj is present in the Court. The affidavit filed on behalf of the said investigating officer asserts that various steps have been taken to trace out the victim. All efforts are being made to search out the victim. Personal appearance of Shri Subhash Chandra, Investigating Officer, Police Station Saurikh Gate, District Kannauj, is exempted on future dates unless ordered otherwise by this Court.

¶6

By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 421 of 2021 at Police Station Saurikh District Kannauj under Sections 364 I.P.C. The applicant is in jail since 04.12.2021.

¶7

The bail application of the applicant was rejected by learned Sessions Judge, Kannauj, on 18.12.2021.

¶8

Shri Mohd. Nadeem, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Two first information reports were lodged in the matter. One Bablu @ Dharmendra Singh

¶9

was named in the first information report as the principal offender. As per the prosecution case, the said principal offender Bablu @ Dharmendra Singh had taken the victim to his shop and had assaulted him. The victim went missing thereafter. It is stated that the said principal offender Bablu @ Dharmendra Singh has been granted stay of arrest by this Court in Criminal Misc. Writ Petition No. 11568 of 2021 (Bablu @ Dharmendra Singh Vs. State of U.P. and 3 others). Chargesheet has been filed in the matter. Prosecution evidence does not connect the applicant with the offence.

¶10

Shri Paritosh Kumar Malviya, learned AGA for the State and Shri Vivek Kumar Singh, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

¶11

I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

¶12

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶13

Let the applicant- Bablu Alias Zaid be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount

¶14

to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶15

(i) The applicant will not tamper with the evidence during the trial.

¶16

(ii) The applicant will not influence any witness.

¶17

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶18

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

¶19

In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶20

Order Date :- 20.5.2022

¶21

Dhananjai

¶22

Digitally signed by DHANANJAI Date: 2022.05.23 16:45:20 IST Reason: Location: High Court of Judicature at Allahabad

Bablu Alias Zaid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bablu Alias Zaid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Prem Kumar Rathor Vs State of U.P.

Satish Jogi Vs State of U.P through Its Secretary Home Up at Lucknow

Rashid Vs State of U.P.

Munna and 2 Others Vs State of U.P.

Prashant Vs State of U.P.

Shiv Kumar Vs State of U.P.