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2025 DAILYLAW 19022 (ALL)

BABLOO v. STATE OF U.P.

BAIL/7721/2025 · 2025-03-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31290 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7721 of 2025 Applicant :- Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Shivesh Mishra, learned counsel for the applicant, Shri D.P.S. Chauhan, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Babloo, seeking enlargement on bail in Case Crime No. 498 of 2024, under Sections 3/5A/8 of Prevention of Cow Slaughter Act and 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Baheri, District Bareilly. 3. 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 20.01.2025. 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. 4. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the applicant was not arrested on spot and his name came into light as he is the owner of the vehicle in question. He submits that there are two cases criminal history of the applicant, which has been explained and he is on bail in both cases. He next submits that co-accused, namely, Shakir, Tahir, Khaleel, Chaman, Tauseev @ Chota, Tausik @ Taufeek, Shahid, Shahir, Shama, Samreen, and Jabir have already been enlarged on bail by this Court vide order dated 23.09.2024, 17.09.2024, 14.11.2024, 27.11.2024, 18.12.2024, 30.09.2024, 4.12.2024, 17.09.2024, 5.12.2024, 4.12.2024 & 18.12.2024, bail orders are annexed to the bail application, as such the present applicant is also entitled to be released on bail on the ground of parity. He next added that in case applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. 5. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad