Rajveer Singh and Others vs State of U.P.

Naheed Ara Moonis, J.—The instant appeal has been filed by the Appellants challenging the judgment and order dated 13.4.2011 passed by the Special Judge S.C. and S.T. Act in Sessions Trial No. 137 of 2000 under Sections 323/34, 504/506/IPC read with Section 3(1)(10) KS.C. and S.T. Act whereby the Appellants were convicted and sentenced for one year rigorous imprisonment with fine of Rs. 5000/- against each . Now the Appellants have prayed for consideration of his interim bail during the pendency of the present appeal.

Heard learned Counsel for the Appellants and learned AGA and have taken through the record.

Admit,

Summon the lower Court''s record.

According to the prosecution case, on 28.1.1997, the son of the complainant had gone at the shop of Raj veer Singh for the purpose to bring wheat which was allotted to him for being distributed to the children of the school. The Appellant gave 2 kilogrammes wheats in place of 3 kilogrammes. This fact was brought in the notice of the complainant. The complainant himself had gone to enquire about the reality of the matter which caused annoyance to Raj veer, Maharaj Singh, Mohar Singh and Kaptan They hurled abusive and filthy languages casting aspersion to the community of scheduled caste. The complainant was also thrashed with kick, fist and lathi as a result of which he sustained injuries. The injured was examined on the same day.

It is contended by the learned Counsel for the Appellant that the Appellant has maliciously been prosecuted in the present case. There is great inconsistency in the prosecution version. The prosecution witnesses are highly inimical and partisan. The Appellant is in jail since the date of conviction. The injury report itself does not corroborate the prosecution story. There is no likelihood of early hearing of the appeal in near future.

Per contra learned AGA opposed the bail prayer of the Appellants and contended that the incident was narrated in the natural manner. There is no embellishment in the prosecution story. There is no illegality or vulnerability in the judgment and order passed by the trial Court. The witnesses had also supported the prosecution version. The Appellant could not point out any cogent reasons for false implication.

Considering the rival submissions advanced by learned Counsel for the parties and without expressing any opinion on the merits of the case, this Court is inclined to grant bail to the Appellants.

Let the Appellants Rajveer Singh, Maharaj Singh, Mohar Singh and Kaptan Singh convicted and sentenced by the Special Judge S.C. and S.T. Act vide judgment and order dated 13.4.2011 in Sessions Trial No. 137 of 2000 under Sections 323/34, 504, 506, 506 IPC read with Section 3(1)(x) S.C. and S.T. Act Police Station Fatehabad District Agra be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concern.