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Allahabad High Court · body

2020 DIGILAW 988 (ALL)

Babu @ Narendra v. State of U. P.

2020-06-22

PRADEEP KUMAR SRIVASTAVA

body2020
JUDGMENT : 1. Learned counsel for the applicant and learned A.G.A. for the State are present and perused the material on record. 2. This bail application has been filed by accused-Babu @ Narendra in Case Crime No.89 of 2019, under Sections-376, 506 IPC, Police Station-Babugarh, District-Hapur. 3. The submission of learned counsel for the applicant is that the F.I.R. was lodged against 16 persons and the charge sheet was submitted only against four accused persons including the present accused-applicant. Further submission is that the other co-accused persons namely Naginu, Kedar and Gopal have already been released on bail even though more serious allegations were made against them. It has been submitted that the applicant is also entitled for bail on the ground of parity. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of his either fleeing away from the judicial process or tampering with the witnesses. The applicant is in jail since 19.01.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial. 4. Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after police investigation, charge sheet has already been submitted against the accused-applicant under the aforesaid sections. 5. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, I find it to be a fit case for bail. 6. 5. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, I find it to be a fit case for bail. 6. Let the applicant Babu @ Narendra involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.