Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45502 of 2021 Applicant :- Bablu @ Manuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as 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. 95 of 2021 under Sections 302, 394, 412, 120B IPC, police station Dhebarua, District Siddharth Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case and that applicant is not named in the FIR. During investigation, seven accused persons including applicant were apprehended by the police on the basis of some secret information and they were falsely implicated in this case. It has been pointed out that no recovery of any incriminating article or weapon has been shown from the applicant. The alleged recovery of motorcycle of deceased and knife used in incident has been shown from the co-accused persons. There is no eye witness of incident and there is no such circumstance that the deceased was seen with applicant. It was stated that there is no credible evidence against applicant to show his involvement in this case. The statement of injured Mahesh was referred, who has not named any of the accused. It was submitted that the involvement of applicant has been shown merely on the basis of confessional statement made before the police. It has further been submitted that similarly placed co- accused Sabir has already been granted bail by Co-ordinate Bench of this Court vide order dated 17.11.2021 passed in Criminal Misc. Bail Application No. 37600 of 2021. It was further submitted that criminal history of one case shown against the applicant which has been duly explained in the affidavit accompanying the bail application. It has further been argued that the applicant is in judicial custody since 09.05.2021 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However, it has not been disputed that similarly placed co-accused Sabir has already been granted bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Bablu @ Manuddin involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.12.2021 Anand