Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15119 of 2021 Applicant :- Babloo Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 155 of 2020 under Sections 302, 307, 323, 325, 504, 506 IPC, Police Station - Kotwali Sadabad, District - Hathras with the prayer to enlarge the applicant on bail.
The first information report of this incident was lodged by the complainant in connection with the incident which happened on 26.4.2020 and it was alleged that the complainant was sitting at home, then, five named accused persons came to his house and abused the complainant and his family members. Further allegation is that when the complainant protested, all the accused persons attacked the complainant and Harikesh with lathi and danda and the present accused Babloo made the first round fire at Hari Kesh with intention to kill him and the second round fire was made by this accused Babloo at the son of the complainant, who died.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the police has found the involvement of the present accused during the investigation and during the investigation the named co-accused Moola and three other accused persons were exonerated. The learned counsel also submits that the injured had received only one lacerated wound and it was caused by hard and blunt object. Lastly, it is argued that the applicant is in jail since 28.04.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. It is argued that the present accused and the complainant are close relatives. They are maternal uncle and nephew (bhanja) and why a maternal uncle will lodge a false FIR against his own nephew (bhanja), is not explained by the learned counsel for the applicant. Moreover, the injured has specifically nominated the present accused in commission of the crime.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, no case for bail is made out.
The bail application is rejected with direction to the trial court to decide the trial within one year from the date the normal functioning in Courts resumes.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 LBY