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2025 DAILYLAW 21205 (ALL)

BABLU ALIAS INDRA BAHADUR v. STATE OF U.P.

BAIL/6787/2025 · 2025-04-28

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68846 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6787 of 2025 Applicant :- Bablu Alias Indra Bahadur Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Prasad Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Umesh Prasad Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Bablu @ Indra Bahadur, seeking enlargement on bail in Case Crime No. 005 of 2025, under Sections 191 (2), 190, 115 (2), 352, 351 (2), 127 (2), 118 (2), 109 BNS and Section 7 CLA Act, Police Station Halia, District Mirzapur. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 04.01.2025. 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. Learned counsel for the applicant submits that the injured has been medically examined on 04.01.2025. As per the medical examination report, the victim has sustained seven injuries, which are simple in nature. No specific role has been assigned to the applicant and general role has been assigned to all the accused persons. It is submitted that after completion of investigation, the investigating officer submitted charge sheet against the applicant on 17.01.2025. It is next submitted that neither any credible evidence against the applicant nor the ingredients of the sections alleged against the applicant are fulfilled. No offence under Section 118 (2) and 109 BNS is made out against the applicant and nothing has been recovered from the possession of the applicant and the entire allegation is false and fabricated. Hence, bail has been prayed for. 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering all above 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Bablu @ Indra Bahadur, 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. 8. 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 :- 29.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad