Allowed

Bablu Sahu v. State of U.P. and 3 Others

Allahabad HC20 Apr 2023BAIL/37968/2022

Case brief

AI extract

What is this about?

Single-digit court reviewed a bail application in a murder and child sexual offence case. Finding the evidence circumstantial and noting the absence of eyewitnesses, the court allowed bail subject to a personal bond, two sureties, and specific conduct conditions.

What did the court decide?

The applicant was ordered to be released on bail by furnishing a personal bond and two sureties.

Bablu Sahu Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37968 of 2022

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Applicant :- Bablu Sahu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Farooq,Atul Srivastava Counsel for Opposite Party :- G.A.,Alka Srivastava,Anil Kumar Sonker,R.U. Rinki Renu

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Hon'ble Sanjay Kumar Singh,J.

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Despite service of notice upon the informant/opposite party no.2, no one has put in appearance on his behalf. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.

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The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 20 of 2022, under Sections 302/201/34, 377 of I.P.C. and Section 3/4 POCSO Act and Section 3(2)(V) of S.C./S.T. Act, Police Station-Narwal, District-Kanpur Nagar, during the pendency of trial.

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As per the prosecution case in brief, the informant who is father of the deceased-Akhilesh lodged F.I.R. on 08.02.2022 at 13:55 hours, under Sections 302, 201 of I.P.C., against one unknown person alleging inter alia that on 07.02.2022 at about 11 o'clock his son had left the house but did not return. Later on, his dead body was found in the field of Ex- Village Pradhan Ramendra Mishra.

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It is argued by learned counsel for the applicant that F.I.R. has been lodged against the unknown person and there is no eye-witness of the incident. The informant in his statement under Section 161 Cr.P.C. had taken the name of Chandan, Billi and present applicant Bablu on the basis of rumour and suspicion. During investigation the Investigating OfÏcer has recorded the statement of Ashu Mishra who is shopkeeper of the village who has stated that he had seen Bablu Sahu while going towards Pali. On

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08.02.2022 when dead body of the son of the informant was found in the field of Ramendra Misra @ Puttan he also went at the spot and then he heard the involvement of Chandan, Bablu and Billi. It is also pointed out that the Investigating OfÏcer has also recorded the statement of Kallu Mishra who has stated that Chandan, Bablu Sahu and Billi @ Kuldeep came to him and confessed their guilt that they had committed misdeed with the child. When no direct evidence came into light against the applicant then police has shown false recovery of gloves from the house of the applicant. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence, therefore, the applicant who is languishing in jail since 12.02.2022 having no criminal history to his credit.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that on the recovered gloves blood stains were found and as per forensic report, the same was human blood but he could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is a case of circumstantial evidence. There is no eyewitness of the incident and the applicant is not named in the F.I.R. Complicity of the applicant came into light in the statement of informant on the basis of suspicion. Except the extra judicial confession of the applicant and co-accused persons before Kallu Mishra and recovery of gloves from possession of the applicant, there is no direct evidence against the applicant.

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In view of the above, considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed .

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Let the applicant- Bablu Sahu , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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 ofÏcer or tamper with the evidence.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 20.4.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Bablu Sahu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bablu Sahu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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