Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40866 of 2018 Applicant :- Babloo Alias Bhanu Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.P. Srivastava, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant is not named in the first information report. There is neither any direct nor circumstantial evidence on record against the applicant. He next submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that co-accused Siyaram Yadav has already been enlarged on bail by this Court vide order dated 5.10.2018 passed in Criminal Misc. Bail Application no. 38292 of 2018, copy of the said order produced by learned counsel for the applicant is taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 15.5.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Babloo @ Bhanu Pratap Singh be released on bail in Case Crime No. 54 of 2018, under Sections 393 and 307 I.P.C., P.S. Dhanghata, district-Sant Kabir Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.10.2018 Faridul