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Babu v. State Of U. P.

Allahabad High Court
Feb 2, 2010

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2489 of 2010

Petitioner :- Babu Respondent :- State Of U. P. Petitioner Counsel :- V. P. Gupta Respondent Counsel :- Govt Advocate

Hon'ble Amar Saran,J.

Heard learned counsel for the applicant, Sri Ahmad Sayeed, learned counsel for the complainant and the learned A.G.A.

It is argued by the learned counsel for the applicant that only the role of exhortation has been assigned to the applicant. Learned counsel for the complainant, however, argued that this is a case of honour killing in which the deceased had married one Nazmuddin, who was earlier married to another girl. On the exhortation of the applicant, the co-accused Rafi fired on the deceased. Though the cases of honour killing are becoming a cancer in society but as no role of firing on the deceased was assigned to the applicant and it was assigned to the co-accused Rafi only, hence for this reason, without expressing any opinion on the merits of the case, I am of the opinion that the applicant be granted bail.

Let the applicant Babu involved in case crime No. 1532 of 2009, under Section 302, 452, 120B I.P.C., Police Station Gajraula, district J.P. Nagar be released on bail on his executing a heavy personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of court concerned with the following conditions:

1. The applicant will not tamper with the witnesses.

2. The applicant will report to the police station concerned in the first week of every month to show his good conduct and behaviour.

Order Date :- 2.2.2010 sfa/

Neutral Citation No. - 2010:AHC:12978