Babbu vs State Of U.P.
2016 Latest Caselaw 1801 ALL

Citation : 2016 Latest Caselaw 1801 ALL
Judgement Date : 22 April, 2016

Allahabad High Court

Babbu vs State Of U.P. on 22 April, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12642 of 2016
 

 
Applicant :- Babbu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Bharat 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. 413 of 2015, under Sections 3/5/8 C.S. Act and Section 11 Prevention of Cruelty to Animals Act, police station Gunnaur, District Sambhal 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 been falsely implicated in the present case due to ulterior motive. It is further contended that in fact, the truck had met with an accident as a result of which some animals have died and thereafter the police had tried to take some money from the applicant and the applicant has refused to give the money on account of which he has been falsely implicated in the present case. It is next contended that the applicant has no previous criminal history. It is lastly contended that the applicant is in jail since 25.2.16 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 and submitted that the investigation is now complete and a chargesheet has already been submitted. No Investigation is now left.

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 Babbu 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 :- 22.4.2016

Anand