RAMBEER @ BABLU v. STATE OF U.P. THOUGH IT PRINCIPAL SECRETARY (HOME) AND ANOTHER
CRLA/9092/2025 · 2026-04-08
Ajay Bhanot
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 1925 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1925 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9092 of 2025 Court No. - 46 HON'BLE AJAY BHANOT, J. Matter is taken up in the revised call. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 04.09.2025 passed by the learned Special Judge SC/ST Act, in Case Crime No. 64 of 2017 at Police Station-Bargaon, District-Saharanpur under Sections 147, 148, 149, 295, 395, 354, 436, 427 IPC and Section 3(2)5 and 3(1)(v) of SC/ST Act. The applicant is in jail since 08.08.2025. The bail application of the applicant was rejected by the trial court on 04.09.2025. Sri A. Z. Khan, learned counsel for the appellant submits that the following grounds and the material aspects which were neglected from consideration or not properly appreciated by the learned trial court in accordance with law could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record and entitle the appellant to be enlarged on bail: 1.The F.I.R. arises out of one incident in which three separate cases were registered. 2. The appellant has been enlarged on bail in two of the other Versus Counsel for Appellant(s) : A.Z. Khan, Atul Kumar, Avinash Pandey Counsel for Respondent(s) : G.A. Rambeer @ Bablu .....Appellant(s) State Of U.P. Though It Principal Secretary (Home) And Another .....Respondent(s)
cases by this Court by order dated 16.12.2022 passed in Criminal Appeal No. 3847 of 2022 and order dated 09.01.2023 passed in Criminal Appeal No. 3719 of 2022. 3. The appellant is entitled to be enlarged on bail in the instant case on the footing and the reasons disclosed in the aforesaid orders passed by this Court. 4. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicant influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion, facts and circumstances of the case and in view of the nature of the offence and evidence the appellant has made out a case for bail. The trial court erred in rejecting the bail application. The impugned order is liable to be set aside and is set aside. The appeal is allowed.
Let the applicant -Rambeer @ Bablu be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the CRLA No. 9092 of 2025 2
applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. It is further directed that in case the applicant or any accused person who has been enlarged on bail does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. April 9, 2026 Dhananjai CRLA No. 9092 of 2025 3 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad