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2025 DAILYLAW 17061 (ALL)

BALVEER ALIAS BABLOO v. STATE OF U.P. AND 3 OTHERS

BAIL/4353/2025 · 2025-05-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72329 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4353 of 2025 Applicant :- Balveer Alias Babloo Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Upendra Kumar Pushkar, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Balveer @ Babloo, seeking enlargement on bail in Case Crime No. 129 of 2022, under Sections 354, 504, 506 I.P.C. and Section 7/8 of POSCO Act, Police Station Polimukimpur, District-Aligarh. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.12.2024. In the aforesaid case the applicant was granted bail by the Court below on 29.07.2022. In the aforesaid case charge sheet has been filed on 22.03.2023. Learned counsel for the applicant further submits that after releasing on bail on 29.07.2022 the applicant was regularly putting appearance on the date fixed before the trial Court and due to illness he could not appeared before the trial Court on 09.09.2024 and on the same day Non Bailable Warrant was issued against the applicant. On 21.12.2024 the Police has arrested and produced the applicant before the Court below from where he was sent to jail. Applicant is in jail since more than five months. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Balveer @ Babloo, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 6.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad