Court No. - 51
Case :- CRIMINAL APPEAL No. - 5504 of 2009 Appellant :- Guddu Respondent :- State Of U.P.
Counsel for Appellant :- Ashok Kumar Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Criminal Misc Second Bail Application No.180578 of 2017 This is the second bail application moved on behalf of applicant in Case Crime No.107 of 2004 u/s 364A, 307 IPc and Crime No.108 of 2004 u/s 25(I-B) Arms Act PS Tirwa District Kannauj.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Contention of the learned counsel for the applicant is that the whole prosecution story is highly improbable keeping in view the time of arresting the applicant and recovery of kidnapped person. Further contention is that applicant is in jail since 12.4.2004 with no criminal history and there is no likelihood of the appeal being heard in near future.
A.G.A. has opposed the prayer for bail.
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 application is allowed.
Let the applicant Guddu convicted and sentenced in the aforesaid crime 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.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Fine as imposed by the court below shall be deposited by the applicant within a period of one month from the date of his release. In case of default in depositing the fine, as mentioned above, within the aforesaid period, the same shall be recovered in accordance with law.
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 25.4.2018 SP