Allahabad High Court
Abu Wakar @ Babloo vs State Of U.P. on 18 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1260 of 2021
Applicant :- Abu Wakar @ Babloo
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Counsel for the applicant is permitted to carry out necessary correction in the prayer clause of the bail application during the course of the day.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 117 of 2020, under Sections 3/5/8 of Cow Slaughter Act and 298 IPC, Police Station Khetasarai, District Jaunpur.
Counsel for the applicant argues that the applicant was not named in the FIR. He further placed reliance upon the bail granted to the accused named in the FIR namely Sheebu Kuraishi in Crl. Misc. Bail Application No. 43137 of 2020 on 9.12.2020. One of the other co-accused namely Mohd. Kamar Kuraishi has also been enlarged on bail vide order dated 8.12.2020. He further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. There is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case. He further submitted that the applicant is in jail since 19.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Abu Wakar @ Babloo involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 18.1.2021
vinay
