Babu vs State of U.P.

Neutral Citation No. - 2025:AHC:139362

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27200 of 2025

Applicant :- Babu Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Chaurasiya Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against in unknown with the allegation that four accused looted motorcycle and mobile phone and also snatched money from the informant and his friend. Learned counsel further submits that after one and half month of the alleged incident four persons were arrested including the applicant and from the possession of applicant one country made pistol along with three cartridges, three mobile phone and a gold ornament was shown to be recovered. There is no independent witness of such recovery and the same has been implanted upon the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant has a criminal history of five cases in which he is on bail. The applicant is in jail since 07.08.2024.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant- Babu , be enlarged on bail in Case Crime No. 160 of 2024, under Sections 392, 411 I.P.C., Police Station- Bhopa, District- Muzaffarnagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the

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court concerned with the 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 threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 14.8.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Babu v. State of U.P.

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Babu v. State of U.P.

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