Ram Bhan vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellant and learned A.G.A. for the State. Admit and connect with Criminal Appeal No. 2056 of 2011.

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 30.3.2011, passed by Additional Sessions Judge, (F.T. Court-1), Firozabad, in Session Trial No. 211 of 2010 State v. Satya Veer and Ors., arising out of case crime No. 220 of 2009, u/s 307 IPC, P.S. Basai Mohammadpur, District Firozabad, convicting and sentencing the Appellant to undergo five years rigorous imprisonment u/s 304 IPC with a fine of Rs. 3,000/-, with default stipulation.

It is contended by the learned Counsel for the Appellant that, the role of causing injury by fire arm has been assigned to the Appellant and the co-accused Satya Veer. The injured had sustained injures on the right thigh and on the back side of the chest. The incident had taken place on 4.7.2009 at 9:00 pm but the first information report was lodged on 5.7.2009 at 9:30 am of which there is no explanation. The medical report does not corroborate with the prosecution case as there is blackening, but according to the injured witness that the assailants were at the distance of 200 meters when he received the fire arm injuries, which creates doubt about the veracity of the prosecution case. There is contradiction in the statements of the witnesses about the manner of assault. The other co-accused Satya Veer has already been granted bail by this Court and one co-accused had been acquitted by the trial court.

Per contra the learned AGA has opposed the prayer of bail of the Appellant and supported the judgment of the trial court.

Having considered the submissions made by the learned Counsel for the Appellant as well as the learned Counsel for the complainant 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 Appellant is allowed.

Let the Appellant, Ram Bhan, convicted and sentenced in Session Trial No. 211 of 2010 State v. Satya Veer and Ors., arising out of Case Crime No. 220 of 2009, u/s 307 IPC, P.S. Basai Mohammadpur, District Firozabad, be released on bail on his 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.