Court No. - 52
Case :- CRIMINAL APPEAL No. - 5217 of 2018 Appellant :- Babloo Respondent :- State Of U.P.
Counsel for Appellant :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 16.7.2018 passed by Additional Session Judge, court no. 3, Firozabad in S.T. No. 20/2013 arising out of Case Crime No. 636/2012, u/s 307, 384, 506 IPC, P.S. North, District Firozabad.
The submission of learned counsel for the applicant is that he has been falsely implicated in this case; as per the prosecution case, on 2.8.2012 at about 7.00 pm the informant was talking to his nephew Shivam, at that time the appellant Bablu and co-accused Kuldeep came there and demanded money for buying liquor, on being refused by his nephew co- accused Kuldeep is stated to have fired on the abdomen of the injured Shivam and the appellant is stated to have fired, which caused injury on the leg of the injured. Learned counsel states that in the injury report, which has been proved by PW-11, only one injury on the abdomen of the injured has been noted; there is no injury on the leg of the injured as alleged by the prosecution; the appellant was on bail during trial in the present case which liberty he never misused. Learned counsel further submitted that the appellant was also falsely implicated in a murder case being Crime no. 481/2015 in which general role of firing was attributed to the appellant and five others. He further pointed out that the deceased had only sustained solitary gunshot injury; the appellant was also convicted in the said murder case against which he preferred Criminal Appeal no. 3213 of 2018, in which the Division Bench of this Court has granted bail to the appellant by order dated 22.10.2018, order passed in the aforesaid appeal is taken on record. Lastly it is contended that the appellant is in jail since 17.5.2015. There is no possibility of early disposal of the appeal due to heavy dockets.
Learned AGA opposed the prayer but he could not refute the submission made by counsel for the appellant.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Babloo convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
I may record that in the counter affidavit filed by learned AGA no criminal history has been alleged against the appellant.
Order Date :- 26.11.2018 Dhirendra/