Angad Yadav and Others vs State of U.P.

Naheed Ara Moonis, J.—Supplementary affidavit filed by the learned Counsel for the Appellants is taken on record.

Heard learned Counsel for the Appellants and the learned AGA.

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 14.3.2011, passed by Additional Sessions Judge(F.T.C), Sonbhadra, in Session Trial No. 310 of 2010, State v. Angad Yadav, arising out of case crime No. 385 of 2010, u/s 3/25 Arms Act, P.S. Gorawal, District Sonbhadra, Session Trial No. 311 of 2010 State Vs. Banarsi Yadav, arising out of case crime No. 386 of 2010, u/s 3/25 Arms Act, P.S. Gorawal, District Sonbhadra, Session Trial No. 311 of2010, arising out of case crime No. 387 of 2010, u/s 3/25 Arms Act, P.S. Gorawal, District Sonbhadra, whereby convicting and sentencing the Appellants to undergo for three years rigorous imprisonment with a fine of Rs. 5,000/-, with default stipulation.

It is contended by the learned Counsel for the Appellants that the Appellants have been falsely implicated in the case. Initially they were arrested in a case crime No. 384 of 2010 in which the trial was preceded. They have been convicted for three years u/s 3/25 Arms Act, though they had already been acquitted u/s 307 IPC a case of no injury.

Per contra the learned AGA has contended that there is long criminal history to the discredit of the Appellants and they were involved in the commission of murder etc., and as such in case they would be enlarged on bail they will again indulge in similar activities.

The learned Counsel for the Appellants has submitted that they were on bail during the trial and they had never misused the liberty of bail.

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, Angad Yadav, Banarasi Yadav and Mohan Yadav, convicted and sentenced in Session Trial No. 310 of 2010, State v. Angad Yadav, arising out of case crime No. 385 of 2010, u/s 3/25 Arms Act, P.S. Gorawal, District Sonbhadra, Session Trial No. 311 of 2010 State v. Banarsi Yadav, arising out of case crime No. 386 of 2010, u/s 3/25 Arms Act, P.S. Gorawal, District Sonbhadra, Session Trial No. 311 of 2010, arising out of case crime No. 387 of 2010, u/s 3/25 Arms Act, P.S. Gorawal, District Sonbhadra, 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, in case the Appellants are involved in any such activity and try to misuse the liberty of bail, it is open to the complainant to move an application for the cancellation of their bail.