Allahabad High Court
Bablu Bind @ Babli Bind vs State Of U.P. on 16 August, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:164103 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34238 of 2023 Applicant :- Bablu Bind @ Babli Bind Opposite Party :- State of U.P. Counsel for Applicant :- Awashesh Kumar,Bhupendra Kumar Srivastava,Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 19 of 2023, under Sections 489A, 489B, 489C, 489D I.P.C., Police Station- Kotwali, District- Ghazipur during pendency of the trial.
3. Counsel for the applicant submits that the applicant was not arrested at the spot and has been falsely implicated in the instant case. The name of the applicant was disclosed by the persons, who were arrested at the spot. The said statements, insofar as it implicate the applicant, is unreliable. No recovery of any incriminating article has been made from the applicant. It is further contended that the co-accused Vikas Verma, who was arrested at the spot, has been granted bail by this Court in Criminal Misc. Bail Application No.12784 of 2023 vide order dated 30.6.2023. The case of the applicant stands on better footing to that of co-accused Vikas Verma. The criminal history of the applicant has been explained in para 15 of the bail application. In all the cases the applicant has been granted bail. The applicant is in jail since 9.6.2023. In case he is enlarged on bail, he will not misuse the said liberty.
4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having regard to the submissions made above and the fact that the applicant has remained confined for more that two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant, Bablu Bind @ Babil Bind involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. iv. the applicant shall not leave the district without prior permission of the court. v. the applicant shall appear on 15th of every month at the concerned police station concern.
7. 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 :- 16.8.2023 S.S.