Babu Ram @ Ram Babu vs State Of U.P.
2019 Latest Caselaw 3889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18444 of 2019
 

 
Applicant :- Babu Ram @ Ram Babu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Phool Singh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

Submission of learned counsel for the applicant is that FIR was lodged against unknown persons. The applicant has been falsely implicated in this case. Moreover, FIR was lodged on the basis of application under section 156 (3) Cr.P.C. Further submission is that since charge sheet has been submitted after investigation, there is no possibility of investigation being influenced by the applicant. No specific role has been assigned to the applicant in the offence and the whole case is in the nature of civil dispute. Applicant is in jail since 17.2.2019. He undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has vehemently opposed the prayer of bail.

Considering the facts and circumstances of the case, nature of accusation against applicant, severity of punishment in case of conviction and the nature of supporting evidence, without commenting on the merits of the case, I find it a case for bail.

Let applicant Babu Ram @ Ram Babu be released on bail in Case Crime No.1057 of 2017, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali, District Fatehpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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 applicants to prison.

Order Date :- 1.5.2019

RCT/-