Babloo @ Mohd. Ali vs State Of U.P.
2019 Latest Caselaw 3227 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16199 of 2019
 

 
Applicant :- Babloo @ Mohd. Ali
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Bibhuti Narayan Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the informant Bismillah has lodged the FIR on 26.11.2017 against Shahjad, Lal Mohammad and Taj Mohammad on the basis of an application moved under section 156(3) Cr.P.C. During investigation the involvement of named accused was found false. In the statements of villagers it has come that co-accused Mohammad Raza has committed the murder of the deceased who was wife of brother of Mohammad Raza. In the statements of Mohammad Shafi and Anwar Ali it has come that co-accused Mohammad Raza has confessed his guilt before them. In the confessional statement of co-accused Mohammad Raza it has come that he has caused injury to the deceased with Danda. After death of the deceased the applicant helped the co-accused Mohammad Raza in throwing the dead body of the deceased in a field of Shahjad. Except this there is no other cogent evidence against the applicant. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that applicant has no concern with the alleged incident. The applicant had not caused any injury to the deceased. The case of the applicant is distinguishable from the case of co-accused Mohammad Raza. The applicant has no criminal history and is in jail since 22.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Babloo @ Mohd. Ali involved in Case Crime No. 395 of 2017, under section 302, 201 IPC, P.S. Brijmangang, District Maharajganj be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 19.4.2019

Masarrat