Babloo v. State of U.P.
Case brief
What is this about?
The court rejected the second bail application in a murder-related case. It held that with the trial in progress and witnesses examined, passing an order on merits would prejudice the Trial Court. The applicant was not mooted. Trial disposal was directed within three months.
What did the court decide?
Bail application rejected; Trial Court directed to dispose of case within three months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7907 of 2021
Applicant :- Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Avadhesh Pratap Singh,Satya Prakash Singh,Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.,Arvind Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the second bail application. The first bail application was dismissed in default by me vide order dated 7.12.2020.
This application has been filed seeking prayer for bail on behalf of applicant, involved, in Case Crime No. 363 of 2018, under Sections 147, 148, 149, 302, 504, 506, 34 IPC, P.S. Sahajnawa, District- Gorakhpur.
Learned counsel for the applicant has fairly submitted that the trial in the present case is already in progress and as many as three prosecution witnesses have already been examined. He has tried to refer to the prosecution evidence given during trial in order to show that the case for bail is made out. The period of detention of the applicant has also been pointed out.
Learned AGA for the State has vehemently opposed the prayer for bail of the applicant.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant pending trial when the trial is already in progress.
Whether this court should evaluate the evidence presented during the trial while passing a bail order.
Parties & counsel
- applicant
Babloo
Coram
Rajiv Gupta
Kalim Uddin Siddiqui
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/7907/2021
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