Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43174 of 2021 Applicant :- Bablesh @ Pappu Opposite Party :- State of U.P.
Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 243 of 2021 under Sections 379, 420, 427 and 411 I.P.C. registered at P.S.- Alapur, District- Badaun.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. He has not committed the alleged offence. Applicant is not a driver but the owner of alleged truck involved in the alleged incident. False recovery has been shown against the applicant. Further submitted that Naved Hasan was the driver of the alleged truck. There is unexplained delay in lodgement of the F.I.R. There are no criminal antecedents of the applicant. No offence is made out against the applicant. Further submitted that the applicant is languishing in jail since 22.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Bablesh @ Pappu involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021/A. Mandhani