Banti @ Badshah vs State Of U.P.
2016 Latest Caselaw 1702 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12469 of 2016
 

 
Applicant :- Banti @ Badshah
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dharm Vir Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in case crime No. 1368 of 2015, under Sections 395, 397, 412 IPC,  police station Kotwali Nagar, District Etah with the prayer to enlarge him on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has not been named in the FIR and he has been falsely implicated in the present case due to ulterior motive by showing false recovery. It is further contended that the recovery as shown is totally false and planted. It is further contended that in fact the applicant was taken from his house and thereafter he has been falsely implicated in the present case. It is further contended that with regard to taken away of the applicant from the house, telegram messages have also been sent to the police authorities, copy of which has been annexed with the bail application. It is further contended that the criminal history of the applicant has been duly explained in paragraph no. 16 onwards  to the affidavit accompanying the bail application. It is lastly contended that the applicant is in jail since 13.1.16 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Banti @ Badshah involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned.

Order Date :- 21.4.2016

Anand