Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44856 of 2021 Applicant :- Babloo @ Sanjeev Opposite Party :- State of U.P.
Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav 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 Babloo @ Sanjeev seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2021, under Sections 147, 148, 149, 452, 323, 325, 504, 506, 307 I.P.C. P.S.- Kannauj, District-
Kannauj.
Submission of learned counsel for the applicant-Babloo @ Sanjeev is that the applicant is innocent and has been falsely implicated and has not committed alleged offence. The injuries on the person of the injured are simple in nature except one injury which is on the leg of the injured Sureshwati. There are no criminal antecedents of the applicant. The offence under Sections 147, 148, 149, 452, 323, 325, 504, 506, 307 I.P.C. are not made out against the applicant and the applicant has been implicated owing to local politics. He further submitted that co- accused Dhruv, Pramod and Deepu have already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 21014 of 2021 (Dhruv And 2 Others Vs. State of U.P.) vide order dated 25.05.2021 and claimed parity. He next submitted that the applicant is languishing in jail since 18.08.2021.
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 Babloo @ Sanjeev 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 :- 24.12.2021 SA