Surendra @ Bablu vs State Of U.P. And 2 Others
2022 Latest Caselaw 4721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- CRIMINAL APPEAL No. - 2473 of 2019
 

 
Appellant :- Surendra @ Bablu
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Ravi Kant Pandey
 
Counsel for Respondent :- Govt. Advocate,Ram Chandra Gupta
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant-appellant and learned A.G.A. for the State.

This application for bail has been moved in the aforesaid criminal appeal arising out of Sessions Trial No. 43 of 2015 relating to Case Crime No. 256 of 2015, under Sections 506 I.P.C. and Section 6 of POCSO Act, P.S. Katra Bazar, District Gonda.

Learned counsel for the appellant submits that applicant is in jail since 26.09.2015 and he was convicted by the judgment dated 16.11.2019 for offence under Section 506 I.P.C. and Section 6 of POCSO Act to undergo ten years R.I. and two years respectively. It is submitted that more than half of the sentence has already been served by the applicant and there is no possibility of final hearing of the appeal in near future.

Learned A.G.A. vehemently opposes the prayer for bail but he could not dispute the fact that the applicant is in jail since 26.09.2015 and he has already served out 7 years out of ten years.

Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A. and going through the record, it is undisputed that the applicant is sentenced upto 2 years R.I. under Section 506 I.P.C. and upto 10 years R.I. under Section 6 of POCSO Act, 2012. The maximum sentence is 10 years R.I. and about 7 years have already been served out. In such circumstances, this Court is of the view that it would not be appropriate to languish the applicant-appellant in jail till the outcome of the instant appeal.

Hence, prima facie, case for bail is made out, at this stage.

Accordingly, the application for bail is allowed.

Let the applicant-appellant, namely,Surendra @ Bablu involved in Sessions Trial No. 43 of 2015 (supra) be released on bail on his furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions;

(i) The appellant-applicant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

(ii) The appellant-applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 31.5.2022

Akanksha