IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2024
(@ SLP (CRL.) NO. 907/2024)
BABLOO SHARMA APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH RESPONDENT(S)
O R D E R
Leave granted.
This appeal takes exception to the order dated 12.12.2023 passed by the High Court of Judicature at Allahabad in Crl. Misc. Bail Application No.40557 of 2023.
The appellant Babloo Sharma has been facing trial for the crime registered pursuant to FIR No.450/2022 dated 31.12.2022 lodged with Police Station Friends Colony, Itawah, Uttar Pradesh, under Sections 302/34 of the Indian Penal Code, 1860 (for short IPC)) and Sections 3/25 of the Arms Act since 05.01.2023, the application seeking bail was rejected. The application seeking bail having been dismissed by the High Court, the instant appeal has been preferred by the appellant.

It is submitted by the learned counsel for the appellant that the appellant has been implicated in the instant matter only based on suspicion; that four co-accused have already been released on bail by the High Court; that out of 17 prosecution witnesses, only a single witness i.e. the complainant has been examined so far, and, therefore, the appellant may also be released on bail.

On the other hand, the learned counsel appearing for the State has opposed the bail application of the accused.
Having heard learned counsel for the parties and considering the facts on record, in our view, the case for bail is made out. We, therefore, allow this appeal and direct as under:
A. The appellant Babloo Sharma shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the trial proceedings.
B. The appellant shall not misuse the liberty in any manner.
C. Any infraction of the conditions shall entail cancellation of bail granted to the appellant.
With these observations, the appeal is allowed.
Pending application(s), if any, shall stand disposed of.
…………………..J.
( B.V. NAGARATHNA )

……………………..J.
( AUGUSTINE GEORGE MASIH )
NEW DELHI;
FEBRUARY 23, 2024
2

ITEM NO.2 COURT NO.12 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 907/2024
(Arising out of impugned final judgment and order dated 12-12-2023 in CRMBA No. 40557/2023 passed by the High Court of Judicature at Allahabad)
BABLOO SHARMA Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH Respondent(s)
(IA No.15796/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.15793/2024-EXEMPTION FROM FILING O.T. IA No. 15796/2024 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 15793/2024 – EXEMPTION FROM FILING O.T.)

Date : 23-02-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
For Petitioner(s) Mr. Parinav Gupta, Adv.
Mr. Pardeep Gupta, Adv.
Mrs. Mansi Gupta, Adv.
Dr. Mrs. Vipin Gupta, AOR

For Respondent(s) Mr. Yasharth Kant, AOR
Ms. Nidhi Dwedi, Adv.
Ms. Sonal Kushwah, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (MALEKAR NAGARAJ)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)
3