Court No. - 51
Case :- CRIMINAL APPEAL No. - 3550 of 2017 Appellant :- Babulal @ Babula Respondent :- State Of U.P.
Counsel for Appellant :- Vishnu Shankar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Abhai Kumar,J.
Ref:- Criminal Misc. Bail Application No. 208313 of 2017 Heard learned counsel for the applicant-appellant and learned A.G.A. for the State and perused the record.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the judgment and order dated 11.5.2017 passed by the trial court convicting the appellant.
The contention as raised at the Bar by learned counsel for the appellant is that the appellant was not named in the FIR; subsequently, an application was given on the basis of suspicion raised against five persons; thereafter the appellant was arrested after three days and has been implicated in the present case by showing recovery of an Axe; the said recovery as shown is false and fabricated as no blood was found on the said Axe. It is a case of circumstantial evidence and there is no eye-witness in the present case. It is next contended that appellant has no criminal history. It is next contended that there is every likelihood of the appeal being allowed, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail, however he has not disputed the aforesaid contention as made by the learned counsel for the appellant.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application no. 208313 of 2017 is allowed.
Let the applicant-appellant Babulal @ Babula convicted and sentenced vide impugned judgment in S.T. No. 107 of 2014 (State Vs. Babulal @ Babula) arising out of Case Crime No. 103 of 2014, u/s 302, 201 IPC, P.S. Saini, District Kaushambi be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant is directed to deposit 10,000/- of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 28.2.2018
AK Pandey