Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35056 of 2019 Applicant :- Sabbir Ahmad @ Babloo Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Rao,Sri O.P. Singh , Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Shabbir Ahmad @ Babloo with a prayer to release her on bail in Case Crime no. 0156 of 2019, under section 302, 120-B IPC., Police Station Chakeri, District Kanpur Nagar during pendency of the trial.
The submission of the learned counsel for the applicant is that FIR was lodged against unknown persons and the name of the applicant appeared in the statements of Babloo Khan and Amrit Sagar @ Chintoo, who were arrested during investigation. It is submitted that the incident occurred on 17.2.2019 and FIR was lodged on 19.2.2019 and there is no satisfactory explanation for the delay. It is further submitted that the applicant is a disabled person and cannot move freely without any assistance and therefore, he could not have killed the brother of the informant. It is further contended that there is no last seen or direct evidence against the applicant. The applicant has no criminal antecedent and is languishing in jail since 12.05.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail and submitted that on the pointing out of the applicant, country made pistol was recovered which was used in the commission of the alleged offence. It is further submitted that the applicant has a criminal history of one case other than the present case being Case Crime no. 439 of 2019 under Section 3/25 Arms Act, P.S. Sthaniye. It is further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence and without expressing any opinion on the merits of the case, prima facie, in my opinion the applicant is not entitled for grant of bail.
The bail application is accordingly, rejected at this stage.
Order Date :- 27.11.2019 Kirti