Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 661 of 2013 Applicant :- Babloo @ Zakir Hisain @ Babban Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijit Saxena,P.K. Singh,Sanjay Agarwal Counsel for Opposite Party :- Govt.Advocate,Raj Kumar
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of applicant. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 74 of 2012, under Section 363, 366, 376 I.P.C., Police Station Jaitpura, District Varanasi.
3. It is stated in the affidavit of accompanying bail application that in the first information report complainant has given no source of information from where he came to know that applicant has abducted his daughter. The FIR is highly belated and no reason has been given for such a highly belated FIR. Applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 27.04.2012 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Babloo alias Zakir Hisain alias Babban, involved in Case Crime No. 74 of 2012, under Section 363, 366, 376 I.P.C., Police Station Jaitpura, District Varanasi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of reach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
9. It is made clear that since this application was filed in 2013 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there is any other happening on account whereof this application has rendered infructuous, it is made clear that in such case this order shall not have any legal consequence and this application shall be deemed to have been rejected.
Order Date :- 28.1.2019 AK