Court No. - 4
Criminal Misc. Short Term Bail (Parole) Application No. 5 of 2018 IN Case :- CRIMINAL APPEAL No. - 3827 of 2012 Appellant :- Sushil Kumar Yadav @ Babloo Respondent :- State Of U.P.
Counsel for Appellant :- Shivam Yadav,A.K. Dixit,Harish Chandra Pratap Counsel for Respondent :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the parties.
By means of this application, the applicant Sushil Kumar Yadav @ Babloo who has been convicted in Sessions Trial No. 474 of 2009 arising out of Case Crime No. 211 of 2009, under Section 302 I.P.C., P.S.- New Agra, District- Agra as well as in Sessions Trial No. 476 of 2009 arising out of Case Crime No. 212 of 2009, u/s 27(1) Arms Act, P.S.- New Agra, District- Agra, is seeking short term bail.
Learned counsel for the appellant/applicant submitted that this application has been moved for short term bail on behalf of the accused-appellant on the ground of performing the Shanti Yagya (havan) of his mother, Smt. Munni Devi which is scheduled to be held on 30.05.2018 and the participation of the applicant on the occasion is a must as per Hindu customs. In support of this application, an affidavit along with proof of the death has been annexed as Annexure-1 to the affidavit.
Learned A.G.A. appearing for the State has submitted that the accused- appellant, Sushil Kumar Yadav @ Babloo may be sent in police custody for performing the Shanti Yagya (havan) of his mother, Smt. Munni Devi.
In view of the facts and circumstances of the matter, we find it proper to send the accused-appellant, Sushil Kumar Yadav @ Babloo in police custody to Nij Niwas, Kaurara Road, Sirsaganj, District- Firozabad for performing the Shanti Yagya (havan) of his mother, Smt. Munni Devi on 30.05.2018. Thereafter, he shall be lodged back into jail on 05.06.2018 by 5.00 p.m.
Subject to aforesaid direction, this application stands disposed of.
Copy of the order be sent to the Senior Superintendent of Jail, Central Jail- Agra for compliance through Chief Judicial Magistrate, Firozabad as well as copy of this order be given to the learned counsel for the applicant/appellant on payment of usual charges within 24 hours.
Order Date :- 29.5.2018 KS