Allowed

Bablu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC21 Jul 2023/161/2023

Case brief

AI extract

What is this about?

This order grants bail to Bablu in Criminal Misc. Bail Application No. 161 of 2023. The court held that since the applicant was not specifically alleged in the FIR or Section 164 statements and has no criminal antecedents, he is entitled to be released on bail upon furnishing bonds and two sureties.

What did the court decide?

Applicant Bablu released on bail by furnishing personal bonds and two reliable local sureties of Rs. 25,000/- each.

Bablu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48140

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 161 of 2023

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Applicant :- Bablu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Anil Kumar,Amar Nath Rai,Ashok Kumar,Chandra Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The FIR in question was lodged against Chhanga for the offence under Sections 363, 366, 376 IPC. In the statements under Sections 161 and 164 of Cr.P.C., the allegations were levelled against the co-accused Chhanga, however, it is stated that the applicant was standing nearby. There is no allegation against the applicant.

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3. Learned A.G.A. vehemently opposed the bail prayer.

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4. Considering the averments made in theFIR and the statements under Section 164 of Cr.P.C., prima facie, no allegations for rape against the applicant coupled with the fact that the applicant is in custody since 26.09.2022 and has no criminal antecedents, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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5 . Accordingly, the bail application is allowed .

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6. Let the applicant Bablu be released on bail in FIR/ Case Crime No.1088 of 2022, under Sections 363, 376DA, 506 IPC and Section 5G/6 of POCSO Act, Police Station Kotwali Sadar, District Lakhimpur on his furnishing personal bonds and two reliable local sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 21.7.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Bablu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Bablu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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