Rakesh and Others vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and 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 21.4.2011, passed by Additional District and Sessions Judge(T), Court No. 4, Ghaziabad, in Session Trial No. 1844 of 2005, State v. Rakesh and Ors., arising out of case crime No. 755-A of 2004, under Sections 323/34, 308/34 IPC, P.S. Loni, District Ghaziabad, convicting and sentencing the each Appellants for four years imprisonment u/s 308/34 IPC and for six months imprisonment u/s 323/34.

It is contended by the learned Counsel for the Appellants that the Appellants have been assigned the role of causing injuries with lathi-danda to the complainant''s father on account of which he had sustained injuries over his head. General role of assault has been assigned to all the Appellants and no specific role for causing fatal injury has been assigned to anyone of them. The Appellants have been awarded maximum sentence of four years imprisonment under Sections 308/34 IPC and for other offence they have been convicted for lesser sentence. 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 has opposed the prayer of bail of the Appellants and submitted that there is active participation of all the Appellants in the commission of aforesaid offence. Therefore they do not deserved to be enlarged on bail.

Per contra the learned AGA has opposed the prayer of bail of the appellants and submitted that there is active participation of all the appellants in the commission of aforesaid offence. Therefore they do not deserved to be enlarged on 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, Rakesh, Vijendra, Vinod and Buddharam, convicted and sentenced in Session Trial No. 1844 of 2005, State v. Rakesh and Ors., arising out of case crime No. 755-A of 2004, under Sections 323/34, 308/34 IPC, P.S. Loni, District Ghaziabad, 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.