The Allahabad High Court has granted conditional bail to the accused of attempted murder and directed to present the appeal against the sentence on July 27 for hearing.
A Single Bench of Justice Sadhna Rani (Thakur) passed this order while hearing a Criminal Appeal filed by Anurodh @ Ballu.
The bail application has been moved on behalf of the appellant/ applicant with a prayer to release him on bail against the order dated 08.09.2021, arising out of Case under sections 307, 504 I.P.C Police Station-Uldan, District Jhansi and S.T No 294 of 2017 (State of U.P Vs Anurudh @ Ballu), arising out of Case under sections 25(1B) of Arms Act, during the pendency of the appeal before the Court.
Vide judgment and order dated 08.09.2021, the appellant/ applicant has been convicted and sentenced for the offence under Section 307 I.P.C for 10 years rigorous imprisonment with fine of Rs 50,000/- (in default of payment of fine to undergo additional simple imprisonment of two years), under Section 504 I.P.C for 01 year simple imprisonment with fine of Rs 1,000/- (in default of payment of fine to undergo additional simple imprisonment of three months) and in Case under Section 25 (1B) of Arms Act for three years simple imprisonment with fine of Rs 5000/- (in default of payment of fine to undergo additional simple imprisonment of six months).
It is argued by the counsel for the appellant/applicant that all the witnesses of fact have been declared hostile. They have not supported the prosecution case in their statements in the trial court. No fracture has been found in the injury of the injured. In F.I.R also a general role is assigned to all the accused persons. Though the recovery of the pistol is shown from this accused but the recovery is not made in the presence of any independent witnesses. Applicant/appellant is languishing in jail since 08.09.2021, hence prayer of bail is made.
A.G.A however, opposed the prayer of bail but could not deny the fact that all the witnesses of fact have been declared hostile in the trial court.
It is argued that though the witnesses have turned hostile but the injury on the person of the injured cannot be denied.
The Court noted that it is true that the injury on the person of the injured cannot be denied but from the record it is evident that all the witnesses of fact have been declared hostile and none of them have supported the prosecution version in their examination-in-chief also. In the F.I.R general role is assigned to all the appellant/applicant. Appellant/applicant is languishing in jail since 08.09.2021.
“After perusing the record, in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, punishment awarded by the trial court, the period of detention already undergone, the unlikelihood of early conclusion of appeal without commenting on the merits of the appeal, this Court is of the view that the appellant/applicant – Anurodh @ Ballu may be enlarged on bail”, the Court observed while allowing the application.
The Court ordered that,
Let the appellant/applicant – Anurodh @ Ballu be released on bail in S.T. No. 293 of 2017, arising out of Case under sections 307, 504 I.P.C Police Station-Uldan, District Jhansi and S.T. No. 294 of 2017 (State of U.P. Vs. Anurudh @ Ballu), arising out of Case under sections 25(1B) of Arms Act on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of the court concerned.
The oral prayer regarding stay of realization of fine is however rejected.