Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29266 of 2021 Applicant :- Umesh @ Babloo Opposite Party :- State of U.P.
Counsel for Applicant :- Shahroze Khan,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.,Shambhavi Nandan
Hon'ble Raj Beer Singh,J.
Heard Sri Nazrul Islam Jafri, learned Senior Advocate, assisted by Sri Shahroze Khan, learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned Senior counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report was lodged against three accused persons including the applicant alleging that the accused persons have dragged the deceased from his house and caused injury at his head and resultantly he died. As per postmortem report, deceased has sustained only one injury and that during investigation, eye-witnesses, namely, Narendra Nath, Santosh, Abhishek @ Rakesh have stated that on the exhortation of applicant, co-accused Ravindra Pandey @ Dubloo has assaulted the deceased and caused injury to him. No specific role has been assigned to applicant and that as per these eye-witnesses, applicant has not caused any injury to deceased. It was further submitted that witnesses have also stated that at the time of alleged incident, a Panchayat was going on and the alleged incident took place suddenly over the issue of measurement of land and that there was no premeditation and incident took place at the spur of moment. Lastly, it was submitted that the applicant is languishing in jail since 07.05.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the first information report and that in the first information report it has been clearly stated that all the three accused persons including the applicant has caused injuries to the deceased. It was submitted that incident did not take place at the spur of moment, rather the incident was well thought and deceased was dragged from his house and injuries were caused. However, it could not be disputed that deceased has sustained only one injury and as per eye-witnesses, namely, Narendra Nath, Santosh, Abhishek @ Rakesh, the role assigned to applicant is of exhortation.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Umesh @ Babloo involved in Case Crime No. 62 of 2021, under Sections 302, 504, 188, 452, 269, 270, 271 IPC and Section 3 of Epidemic Act and Section 51 (Kha) of Disaster Management Act, P.S. Khesraha, District Siddharth Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 A. Tripathi