Babloo vs State Of U.P. And 3 Others
2023 Latest Caselaw 35667 ALL

Allahabad High Court

Babloo vs State Of U.P. And 3 Others on 18 December, 2023

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:239766
 
Court No. - 66
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49389 of 2023
 

 
Applicant :- Babloo
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Kamlesh Kumar Dwivedi,Gaurav Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.
 

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The accused-applicant seeks bail in Case Crime No.484 of 2013 under sections 376D, 506 IPC and section 6 POCSO Act, P.S. Pilkhuva, District Hapur.

3. The FIR in question was lodged against the applicant as well as his brother Boby wherein the informant had alleged that two persons including the applicant had repeatedly committed rape on her. Subsequently, the trial was initiated, however, the applicant did not cooperate with the trial and the trial concluded in respect of the brother of the applicant namely Boby, which resulted in his acquittal vide judgement dated 25.05.2022. In the said judgment, the informant had turned hostile as is clear from para 18 of the said judgment. The applicant is now being apprehended in the same offence in which the informant had turned hostile. The applicant is in custody since 18.10.2023.

4. Considering the fact that the informant has turned hostile, which has resulted in acquittal of the co-accused, the applicant who has no criminal history is entitled for the bail. Thus the bail application is allowed.

5. Let the applicant Babloo be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 18.12.2023

VNP/-