Babloo Alias Ranjeet vs State of U.P.

Neutral Citation No. - 2025:AHC:81296

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12453 of 2025

Applicant :- Babloo Alias Ranjeet Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Supplementary affidavit filed by applicant is taken on record.

¶7

Heard Sri Raj Kumar Mishra, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent.

¶8

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 249 of 2024, under Sections 115(2), 352, 351(3), 105 BNS, Police Station- Bharthana, DistrictEtawah, during pendency of the trial in the court below.

¶9

Learned counsel for the applicant submitted that, however, applicant is father of the deceased and FIR of the present case was lodged by his wife but entire allegation levelled against the applicant is totally false.

¶10

He further submitted that even from the FIR, it reflects, due to dispute arose between husband and wife, the infant child, which was in the lap of wife of the applicant, slipped and sustained injuries and died, therefore, it appears, it was a case of accidental death.

¶11

He further submitted that even informant, who was sole eyewitness, when appeared before the trial court then she did not support the prosecution case and has been declared hostile. He further submitted that even from her statement recorded before the trial court, it reflects, deceased died accidentally. He further submitted that statement of the informant recorded by the trial court has been annexed along with the instant bail application.

¶12

He further submitted that applicant is not having any criminal

¶13

history and in the present matter, he is in jail since 14.10.2024 i.e. for last more than six months.

¶14

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

¶15

I have heard both the parties and perused the record of the case.

¶16

However, applicant is father of the deceased, and as per allegation, during dispute between husband and wife, the infant child, who was in the lap of her mother, fell and died but it reflects, informant i.e. wife of the applicant was the sole eyewitness and during trial, she has been declared hostile and except the informant, there is no other eye-witness account.

¶17

Further, even from the allegation lavelled against the applicant, the possibility of accidental death, cannot be completely ruled out at this stage.

¶18

Further, applicant is not having any criminal history and in the present matter, he is in jail since 14.10.2024 i.e. for last more than six months.

¶19

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

¶20

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

¶21

Let the applicant- Babloo Alias Ranjeet 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:-

¶22

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

¶23

(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.

¶24

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

¶25

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.

¶26

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.

¶27

Order Date :- 15.5.2025 KK Patel

¶28

Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Babloo Alias Ranjeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babloo Alias Ranjeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Omendra Alias Aaryendra Kumar vs State of U.P.

Shriram Singh vs State of U.P. and Another

Hardev Patel vs State of U.P.

Vikesh Gupta vs State of U.P.

Makardhwaj Bhoi vs State of Up

Nisar Ali and 2 Others vs State of U.P.