Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49849 of 2021 Applicant :- Babli Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vinay Kumar Mishra 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 Babli seeking enlargement on bail during trial in connection with Case Crime No. 60 of 2021, under Sections 354-Gha, 504, 506, 34 I.P.C. and 8 POCSO Act, P.S.- Pailani, District- Banda.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. Investigating officer after conclusion investigation has submitted charge-sheet against the applicant. Prosecution story is false and concocted. Offences under sections 354-Gha, 504, 506, 34 I.P.C. and 8 POCSO Act are not made out against the applicant. He further submitted that co-accused Ganga, Vipin and Deenu @ Deen Dayal have already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 44836 of 2021, 45849 of 2021 and 45984 of 2021, vide order dated 10.12.2021 and claimed parity as the case of the applicant stands at par with the case of co-accused Ganga, Vipin and Deenu @ Deen Dayal. He next submitted that the applicant is languishing in jail since 29.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
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 accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Babli 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 :- 20.12.2021 v.k.updh.