Learned counsel for the accused applicant files supplementary affidavit, which is taken on record.
Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Babloo alias Sanjeet Kumar is involved and detained in Case Crime No. 174 of 2008, under Sections 457, 380, 411 I.P.C., from Police Station Tarabganj, District Gonda and he has applied for bail.
The submission of the learned counsel for the accused applicant is that no accused was named in the F.I.R. After one and half years of the occurrence , as many as six accused were said to have been arrested by the police in police encounter case. A separate case under Section 307 I.P.C. and 3/5/25 Arms Act was registered against the accused. The further prosecution case is that on the joint pointing out of all the six accused, a stolen gun had been recovered from the Chhapper of accused Bhagwan Bux. Since it was a case of recovery on the basis of joint pointing out, therefore, no criminal liability can be fixed on any particular accused. More-over, gun had been recovered from the Chhapper of co-accused Bhagwan Bux. The accused applicant has already been ordered to be released on bail under Sections 307 I.P.C. and 3/5/25 Arms Act. Therefore, accused applicant deserves to be released on bail in this case too.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Babloo alias Sanjeet Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
23.06.2010 Sanjay/-