High Court
Case Details
Neutral Citation No. - 2025:AHC:51309 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11639 of 2025 Applicant :- Chand Babu Opposite Party :- State of U.P. Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.0384 of 2024, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Jasrana, District
Legal Reasoning
Firozabad. 2. Learned counsel appearing on behalf of the applicant has submitted that the present applicant is innocent and has not committed any offence as alleged in the F.I.R. and he has been falsely implicated in the instant case due to enmity. There are some property dispute between the informant and the present applicant. He has further submitted that applicant has lodged F.I.R. against the informant as Case Crime No.310 of 2024, under Sections 309(6), 109, 351(3), 352, 115(2), 190(3) and 192(2) B.N.S., Police Station Trans Yamuna, District Agra. It is further submitted that the wife of applicant has lodged F.I.R. against the informant in Case Crime No.9 of 2024, under Sections 137(2), 87 B.N.S. and Section 3/4 POCSO Act. Therefore, in view of above facts to take revenge from the applicant the said F.I.R. was lodged, in which there are allegations for commission of offence alleged against the applicant. It is also submitted that there is no evidence against the applicant to connect him with the crime in question. It is further submitted that the investigation has already been completed and police has filed a charge sheet, too in the charge sheet there is no any material found against the applicant. Applicant is languishing in jail since 13.01.2025. He has further submitted that co-accused, Sahil has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 04.04.2025. It is clarified that the allegations against Sahil and present applicant, are in similar
Legal Reasoning
nature. It is fairly conceded by learned counsel for the applicant that there are criminal history of eight cases, which have already been explained in paragraph 15 of main paper book: (iii) In Case Crime No.269 of 2016, under Section 392 I.P.C., Police Station Narkhi, District Firozabad, in which the applicant is neither named in the first information report nor any suspicion has been raised against the applicant in the first information report also, however, during the course of investigation, the first informant disclosed the name of the applicant as an accused, however, the investigating officer submitted final report no.085 of 2016 dated 18.05.2016 on the basis of the entire investigation, statement of the informant, statement of the witness, spot inspection, statement of the informant and statement of independent two party witnesses, no incident of robbery/snatching could be confirmed, the matter of transaction between the two parties has already come to light with Pappu alias Chand Babu and the said final report has already been accepted by learned Additional Chief Judicial Magistrate, Firozabad vide order dated 14.07.2018. (vii) In Case Crime No.353 of 2019, under Sections 323, 354, 504, 506 I.P.C. and Section 3(2)(VA) ACC/ST Act, Police Station Narkhi, District Firozabad, in which during the course of investigation, the investigating officer submitted final report no.03 of 2020 dated 07.01.2020 on the basis of entire investigation, statement of the informant, statement of the witness, spot inspection, statement of the informant and statement of independent witness." 3. The final report has already been submitted by police and no material found against the applicant and in all other cases applicant was already on bail and he has also submitted that arrest of one Munni Devi has already been stayed vide order dated 03.03.2025 by Division Bench of this Court and he has placed the order before this Court during arguments, which has been taken on record. 4. Taking into consideration to the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by this Court. 5. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has opposed the bail application and submitted, on instructions, that he is habitual offender and he has committed several offences in the similar nature but he has not contradicted the facts as stated in paragraph 15 for explaining the criminal history of the applicant. He has also admitted the fact that the charge sheet has already been filed after investigation and also not contradicted the facts that co-accused has already been granted bail by Co-ordinate Bench of this Court, but there is no parity to the applicant as co-accused, who was granted bail by Co-ordinate Bench on 04.04.2025 and present applicant has criminal history of eight cases. 6. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 7. The applicant is permanent resident of Gangini Darwaja, Fariha, Police Station Fariha, District Firozabad. Charge sheet has already been filed after investigation. Criminal history which has already been explained in paragraph 15. Out of eight cases, the police has already filed the final report in two cases as stated in paragraph 15 and in other cases he has already on bail. Applicant is not named in the F.I.R., his name has come into light on the statement of co- accused. 8. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant- Chand Babu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1 lakh 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. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.4.2025 Atul (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad