Court No. - 50
Case :- CRIMINAL APPEAL No. - 6227 of 2017 Appellant :- Babloo Alias Khursheed Raini Respondent :- State Of U.P.
Counsel for Appellant :- Mohd. Naushad Siddiqui,Pushkar Srivastava Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No.348524 of 2017
Heard learned counsel for the applicant-appellant, learned AGA for the State and perused the record.
Learned counsel for the applicant-appellant submits that applicant-appellant has been falsely implicated and has been wrongly convicted for the offences under Sections 272 and 273 I.P.C.; that the applicant-appellant has been sentenced with rigorous imprisonment for a maximum period of 10 years under Section 272 IPC and fine; that it is proved from the evidence on record; that on 8.5.2010 when the sample of magdal ka laddu was taken from the appellant, the Government Order dated 11.5.2010 declaring the wrong offence under Sections 272 and 273 Cr.P.C. was not enforced; that moreover the medical analysis report of the sample of laddu only states that a non permitted synthetic colour Metanil Yellow is present in the sample which is unfit for him for consumption but the above report does not state that the laddu in question was noxious; that the applicant-appellant were on bail and has not misused the liberty of bail and is in custody since the date of judgment of conviction i.e. 6.10.2017; that the trial court has acted wrongly and illegally in convicting the accused-appellant and he has every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court; that the applicant- appellant has no criminal history; that the applicant-appellant undertakes that he will not misuse the liberty of bail and shall remain present before the Court as and when required and he will cooperate with the hearing of appeal for which his counsel will remain present on the dates of listing.
Learned A.G.A. for the State vehemently opposed the prayer of bail and contended that the applicant-appellant has been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicant-appellant.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicant-appellant Babloo alias Khursheed Raini be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of trial Judge concerned in S.T. No. 13 of 2012, Case Crime No.424 of 2010, under sections 272, 273 I.P.C., P.S. Mohammadabad, District Ghazipur, and subject to deposit of entire amount of fine imposed on him and undertaking that applicant-appellant will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 31.7.2018 Deepika