Allahabad High Court
Babloo Banjara vs State Of U.P. on 4 January, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57379 of 2022 Applicant :- Babloo Banjara Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 349 of 2022, under Sections 307, 429 I.P.C. and Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Turkpatti, District Kushinagar during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. It is a case of firing on police party. No one in the police party has suffered any injury in the incident. On the contrary, it is a case of false encounter where the applicant was shot at without any cause by the police authorities. No recovery as alleged in the F.I.R. was made from the applicant and there is no independent witness to the said recovery. Criminal history of the applicant has been explained in Para 12. The applicant is in jail since 22.10.2022 and if he is released on bail, he will not misuse the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Babloo Banjara, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and,
3. shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 4.1.2023 A. Mandhani