Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36844 of 2019 Applicant :- Babloo @ Chhotey Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Ashish Pandey,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Supplementary affidavit filed today is taken on record.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.93 of 2018, under Sections 396,412,201,34 IPC and Section 10/12 D.A.A. Act, Police Station Ekdil, District Etawah during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior intention. An information was given by the village chaukidar at the police Ekdil, District Etawah alleging therein that when he was going to attend nature's call, he found a dead body who had sustained injury over his head which was lying in the field. On the basis of the said information, the FIR was lodged on 13.2.2018 against unknown persons. On the information of an informer, the applicant and four other accused persons were arrested on 24.2.2018. Thereafter on the confessional statement allegedly at the pointing out of the applicant, truck tyre liver and mobile of the deceased were recovered from his possession. The alleged recovery has been planted as there is no independent witness. It is further submitted that after implicating in the present case, the applicant has also been roped in two other cases i.e. under the Arms Act and under the Gangsters Act. It is pointed out that co-accused persons, namely, Sanjai @ Mintu and Nitesh Verma @ Ashwani, who were also arrested along with the applicant, have already been granted bail by the co-ordinate Bench of this Court vide orders dated 12.7.2019 & 5.8.2019 respectively. The applicant who is languishing in jail since 25.2.2018 deserves to be released on bail. In case the applicant is enlarged on bail he will cooperate with the trial and will not misuse the liberty of bail.
Per contra the learned A.G.A. has contended that the applicant along with the co-accused persons were actively involved in the commission of offence. It is further contended that long incarceration of the applicant will not mitigate or mollify the gravamen of the offence, as such, he does not deserve to be enlarged on bail.
Looking to the facts and circumstances of the case but without expressing any opinion on the merits, let the applicant Babloo @ Chhotey involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 M. Tariq