Achchayver Yadav and Others vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and the learned A.G.A. for the State.

Admit.

Summon the lower Court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 16.4.2011, passed by Sessions Judge, Siddharth Nagar in Session Trial No. 146 of 2008, State v. Achchayver Yadav and Ors. arising out of case crime No. 654 of 2007, under Sections 147, 323/149, 325/149, 452, 504 IPC, P.S. Dhebruai, District Siddharth Nagar, convicting and sentencing the Appellants u/s 147 IPC for two years rigorous imprisonment each, u/s 323/149 IPC for one year rigorous imprisonment, u/s 325/149 IPC for five years rigorous imprisonment with a fine of Rs. 3,000/- each and u/s 504 IPC for one year rigorous imprisonment each. According to the prosecution case the Appellants had assaulted four persons with lathi-danda, kicks and punches on account of which the complainant, Shafaat, Zuber Ahmad, Javed and Bhaiya. The injured Bhaiya had sustained injuries over his nose and nasal bone was found fractured.

It is contended by the learned Counsel for the Appellants that, according to the medical examination the injuries of injured persons were found simple in nature and general role of assault by all the Appellants has been mentioned in the first information report. There is inconsistency in the statements of the witnesses regarding the manner of assault, which creates doubt about the prosecution case. The Appellants had been prosecuted for an offence u/s 308 IPC but they have been acquitted for the said charge as it was not proved against them. The Appellants were on bail during the trial and they had never misused the liberty of bail. There is no likelihood of early hearing of the appeal in near future. In case, they are enlarged on bail, they will not misuse the liberty of bail.

Per contra the learned AGA opposed the prayer of bail of the Appellants and supported the judgment of the trial Court.

Having considered the submissions made by the learned Counsel for the Appellants as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the prayer for bail of the Appellants is allowed.

Let the Appellants, Achchayveer Yadav, Nafees Ahmad alias Chotku, Baakar, Vijay Pal Singh and Gutthey, convicted and sentenced in Session Trial No. 146 of 2008, State v. Achchayver Yadav and Ors. arising out of case crime No. 654 of 2007, under Sections 147, 323/149, 325/149, 452, 504 IPC, P.S. Dhebruai, District Siddharth Nagar, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.

In the event of depositing 50% of the fine, the balance 50% amount shall remain stayed.

However, it is open to the complainant to move an application for cancellation of bail in case the Appellants misuse the liberty of bail.