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2025 DAILYLAW 141123 (ALL)

BABLOO ALIAS ANIL SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

BAIL/4473/2025 · 2025-07-30

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44128 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4473 of 2025 Applicant :- Babloo Alias Anil Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Learned AGA on the basis of instructions has informed that the notices to the complainant are served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that earlier the applicant was enlarged on bail in Case Crime No. 32 of 2016 by learned trial court on 2.1.2017 and since then, he was appearing before learned trial court on each and every date through his counsel. After 17.9.2024, he went out in order to make a livelihood. In the meantime, due to lack of communication from his counsel, he could no know the date fixed and consequently, non-bailable warrant was issued against him. Learned counsel next submits that the complainant has been examined as PW-1 who has not supported the prosecution case. It is further submitted that the applicant has no criminal history and he is languishing in jail since 3.3.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, severity of punishment so also the fact that the applicant has no criminal history; he is languishing in jail since 3.3.2025; earlier he was granted bail in this case and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Babloo @ Anil Singh involved in Case Crime No. 32 of 2016, under Sections 352, 354Kha, 506 IPC; Section 7/8 of POCSO Act; & Section 3(1)(XI) of S.C./S.T. Act, Police Station- Rajesultanpur, District- Ambedkar Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 30.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench