Despite Past Non-Appearance and Criminal History, Bail Granted to Ensure Presence and Prevent Misuse of Liberty
In a significant judgment, the Allahabad High Court has granted bail to Babbu Alias Haider, involved in a case of alleged firing upon a police party, with stringent conditions attached to ensure his presence at trial and prevent any misuse of liberty. The decision was rendered by Justice Arun Kumar Singh Deshwal in Criminal Misc. Bail Application No. 37160 of 2025 dated 11.12.2025.
Babbu Alias Haider, the applicant, was accused under Sections 147, 148, 149, and 307 of the Indian Penal Code (IPC) for firing upon a police party in Case Crime No. 563 of 2018 at P.S. Khekna, District Baghpat. Despite the serious nature of the allegations, the court noted that no injuries were caused during the incident, and Babbu was not arrested at the scene but implicated based on the statement of a co-accused who was apprehended.
The applicant faced previous non-appearance issues, including failing to appear due to personal reasons, which led to the issuance of a Non-Bailable Warrant (NBW) against him. His bail had been canceled, and he was detained since 5.3.2025. Babbu's counsel argued that he was unable to attend court due to his mother's illness and assured the court of his future appearances.
Justice Deshwal acknowledged the applicant's criminal history, detailed in an accompanying affidavit, and noted that the trial had been delayed due to the absconding co-accused, Parvej. Considering these factors, along with the applicant's previous bail releases in 2018 and 2021, the court decided to grant bail with strict conditions.
The conditions imposed include mandatory appearance before the trial court on all dates, with the court retaining the right to cancel bail for any unreasonable absence. Babbu is prohibited from influencing or threatening witnesses, tampering with evidence, seeking adjournments, indulging in criminal activities, and must comply with the bond conditions. The trial court is tasked with verifying the identity, status, and residence proof of the applicant and sureties before accepting the bonds.
This judgment reflects the court's balanced approach in ensuring justice while safeguarding against potential misuse of bail. The Registrar General of the High Court has been directed to sensitize judicial officers on maintaining legible or typed order sheets to ensure compliance with the court's directives.
Bottom Line:
Bail - Applicant granted bail despite past non-appearance and criminal history, with stringent conditions imposed to ensure his presence and prevent misuse of liberty.
Statutory provision(s): Sections 437, 439 IPC, Criminal Procedure Code, 1973
Babbu Alias Haider v. State of U.P., (Allahabad) : Law Finder Doc Id # 2824216
