Allowed

Babu @ Dilshad v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.

Allahabad HC12 May 2023/496/2023

Case brief

AI extract

What is this about?

The court allowed the applicant's bail application in a murder case. Relying on the lack of eyewitness, the implication based only on co-accused custodial statements, and prolonged detention, the court found sufficient grounds for bail subject to conditions.

What did the court decide?

The applicant be released on bail in Case Crime No. 0320 of 2022, under Section 302 I.P.C., on furnishing a personal bond and two sureties.

Babu @ Dilshad Vs State of U.P. Thru. Its… — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:33133

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 496 of 2023

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Applicant :- Babu @ Dilshad Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Satyendra Nath Mishra,Ravindra Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ravindra Shukla, learned counsel for the applicant, Sri Manoj Kumar Sahu, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0320 of 2022, under Section 302 I.P.C., registered at Police Station Kotwali Nagar, District Sultanpur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.04.2022 at 01.51 hrs stating that at about 8.00 p.m. on 02.04.2023 some unidentified miscreants had fired shot at the informant's brother who was taken to the hospital and was declared dead.

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The police claimed to have arrested two persons Mohd. Sufiyan and Lalu @ Sultan on the basis of information received from the mukhbir and in their custodial statement they stated that the applicant was also involved in committing the offence along with them.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. Learned counsel for the

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applicant has submitted that nothing has been recovered from the applicant.

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The State has filed a counter affidavit annexing therewith copies of statements recorded during investigation and it has been stated that the applicant is involved in a total of six cases, including the present case.

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A rejoinder affidavit has been filed explaining the criminal history in para 23 thereof, as per which he has already been granted bail in those cases.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eye witness of the incident; that the police claims to have arrested two co-accused persons on the basis of information received from the mukhbir and the applicant has been implicated on the basis of custodial statement of those two persons; coupled with the fact that the applicant is languishing in jail since 17.04.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Babu @ Dilshad be released on bail in Case Crime No. 0320 of 2022, under Section 302 I.P.C., registered at Police Station Kotwali Nagar, District Sultanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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

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(Subhash Vidyarthi, J.)

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Order Date :- 12.5.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Babu @ Dilshad v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.

Case brief

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Babu @ Dilshad v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.

Case brief

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