Allahabad High Court
Devkinandan @ Babloo vs State Of U.P. on 4 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33904 of 2022
Applicant :- Devkinandan @ Babloo
Opposite Party :- State of U.P.
Counsel for Applicant :- Hitesh Pachori,Virendra Singh Patel
Counsel for Opposite Party :- G.A.,Manoj Kumar
Hon'ble Siddharth,J.
Heard Shri Virendra Singh Patel learned counsel for the applicant, Shri Anurag Uppadhaya holding brief of Shri Manoj Kumar,learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Devkinandan @ Babloo, with a prayer to release him on bail in Case Crime No. 141 of 2021, under Sections 302,120-B, 404 IPC Police Station Uldan, District- Jhansi, during pendency of trial.
Applicant has been implicated in this case on the allegation of murder of deceased. It is alleged that he had affair with co-accused, Sadhana, who is wife of the applicant. Learned counsel for the applicant has submitted that incident took place on 1.12.2021 and First Information Report has been lodged on 6.12.2021 after due deliberation to falsely implicate the applicant. Informant did not lodged even the missing report regarding deceased, his brother.The dead body of the deceased was recovered on the next day.The applicant is cousin (brother) of the deceased. The First Information Report has been lodged with ulterior motive. The applicant is in jail since 18.2.2021 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 4.1.2023
Atul kr. sri.
