Allahabad High Court
Rakesh Kumar @ Bablu vs State Of U.P. on 11 April, 2019
Bench: Vipin Sinha, Ifaqat Ali Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- CRIMINAL APPEAL No. - 5609 of 2017
Appellant :- Rakesh Kumar @ Bablu
Respondent :- State Of U.P.
Counsel for Appellant :- Noor Mohammad
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Ifaqat Ali Khan,J.
Heard Mr. Noor Mohammad, learned counsel for the applicant-appellant and Ms. Meena, learned A.G.A. for the State on the second bail application.The first bail application was rejected by this Court vide order dated 22.2.2018 expediting the hearing of the appeal.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the impugned judgment and order passed by the trial court convicting the appellant.
The contention of the learned counsel for the appellant in the second bail application is that appellant is in jail since 30.7.2017 and he has got no previous criminal history. However, while rejecting the first bail application liberty was given to the appellant by this Court that in case hearing of appeal is not done within one year, he may file a fresh bail application. This liberty was given only keeping in view the period of detention of the appellant. Today when the case has been taken up, the Court has been informed that hearing of the appeal has not yet been done. The appeal is ready for hearing. Learned counsel for the appellant has placed reliance on the judgment of the Apex Court rendered in the case of Shrikant Mishra vs The State of UP (Special Leave Petition (Crl) No.8856 of 2018 decided on 20 November, 2018), which is being extracted herein below:
1. Leave granted.
2. The appellant has been convicted under Section 302/34 IPC on the file of Additional Sessions Judge, Gonda and has been sentenced to life imprisonment among other sentences. His appeal, being Criminal Appeal No. 1111 of 2008 has been pending before the High Court of Judicature of Allahabad, Lucknow Bench.
3. When the matter came up to this Court on admission, on 10.10.2018, we directed the appellant to produce the Custody Certificate. Accordingly, the appellant has produced the Custody Certificate from the Superintendent of Jail. It is seen from the Custody Certificate that the appellant has spent more than 11 years of actual period of sentence in jail and with remission, much more.
4. Be that as it may, since the appeal is yet to be taken up for final hearing before the High Court, we are of the view that during the pendency of the appeal before the High Court, the appellant be released on bail, subject to such rigorous conditions as may be fixed by the trial court. Ordered accordingly.
5. The appellant is directed to be released on bail during the pendency of the appeal before the High Court, subject to such rigorous conditions as may be fixed by the trial court, in case he is not required to be detained in any other case.
6. In view of the above, the appeal is disposed of."
Learned A.G.A. has opposed the prayer for bail.
Thus, looking to the period of detention and in view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, 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 is allowed.
Let the applicant-appellant Rakesh Kumar @ Bablu convicted and sentenced vide impugned judgment in ST No.56 of 2008 and ST No.57 of 2008, arising out of case crime no.560 of 2007 u/s 307, 302,452,504,506 IPC and Section 3(2) V SC/ST Act and Crime No.561 of 2007 u/s 25 Arms Act PS Delhi Gate District Aligarh 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 fifty per cent 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.
Since the paper book has already been prepared and appeal is ready for hearing, the appeal be listed for hearing before appropriate Bench at an early date.
Order Date :- 11.4.2019
SP
