Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44704 of 2021 Applicant :- Bablu @ Chhote Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Bablu alias Chhote with a prayer to enlarge him on bail in Case Crime No.226 of 2021, under Sections- 147, 148, 149, 323, 307, 302, 201, 120-B I.P.C., Police Station- Bilsi, District- Budaun.
Learned counsel for the applicants has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the accused applicant is not named in the FIR and his name has come first time in the statement of witnesses namely Rafit Ali, Mushahid and others who are not eye witnesses but witness of circumstantial evidence. It is further contended that only allegations against the accused-applicant is that he had entered into a conspiracy with co-accused to eliminate Shakir. It is submitted that the co- accused named in the FIR namely Mushahid, Miya Khan have already been enlarged on bail vide orders dated 03.08.2021 and 11.08.2021 in Criminal Misc Bail Application No.26858 of 2021 and No.28811 of 2021. The role of co-accused Deen Mohammad is identical to the accused applicant and he has also been enlarged on bail by a coordinate bench of this Court vide order dated 21.10.2021 in Cri. Misc. Bail Application No.39279 of 2021. The applicant is languishing in jail since 09.09.2021 and further undertakes that he will not misuse the liberty and will co-operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application but not disputed the aforesaid facts that the co-accused have been granted bail.
Considering the rival submissions of the parties, nature of offene, severity of punishment and all other attending circumstances and the facts that other co-accused persons have been enlarged on bail, without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant-Bablu alias Chhote involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 28.10.2021 C. MANI