Bablu Alias Gangasharan vs State of U.P.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11951 of 2025

Applicant :- Bablu Alias Gangasharan Opposite Party :- State of U.P. Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Shahrukh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 299 of 2024, under Section 105 BNS, Police Station Babugarh, District Hapur, during pendency of the trial in the court below.

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FIR of the present case was lodged on 5.10.2024 against the applicant and according to the FIR, dispute of the applicant was arose with the cousin of the informant and at that time, applicant was under intoxication and after that he went at his terrace and threw stone upon the cousin of the informant from the terrace due to which he sustained head injury and subsequently during treatment, he died.

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Learned counsel for the applicant submitted that however, entire allegation levelled against the applicant is totally false but even if the allegations are accepted then also it cannot be said that applicant was having any intention to cause death of the deceased.

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He further submitted that post mortem also suggests that deceased sustained only one lacerated wound.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 6.10.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation due to the stone thrown by the applicant, deceased sustained head injury and died but from the FIR it reflects that applicant at the time of incident applicant was under intoxication and he threw the stone from the terrace.

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Further, considering the facts and circumstances of the case, argument advanced by learned counsel for the applicant that applicant was not having any intention to cause death of the deceased cannot be ruled out, at this stage considering the fact that deceased sustained only one lacerated wound.

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Further, applicant is having no criminal history and he is in jail in the present matter since 6.10.2024.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Bablu Alias Gangasharan, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 11.4.2025/Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Bablu Alias Gangasharan v. State of U.P.

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Bablu Alias Gangasharan v. State of U.P.

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