Ram Gopal and Another vs State of U.P.

As aforesaid applications for bail moved u/s 389 Cr.P.C. along with appeals arise out of one and same sessions trial, they are being taken up together and decided by this common order.

Heard Shri Rajiva Dubey as well as Shri D.K. Singh Somvanshi, learned counsel appearing for the appellants, and the learned Additional Government Advocate

Appellants-Ram Gopal, Sandeep, Smt. Rani, Raj Kumar and Gokran are convicts of Sessions Trial No. 356 of 2008. They have been convicted under Sections 147, 148, 504, 323/149 and 302/149 IPC read with Sections 3(2)(5) SC/ST Act and sentenced for maximum term of life imprisonment with fine stipulation vide judgment and order dated 02.02.2011 passed by learned Additional Sessions Judge, Court No. 2, Lakhimpur Kheri.

We have gone through judgment and record of lower court, including postmortem report of deceased-Ramasre who has received 3 punctured wounds, injury report of informant-Lallan (PW-1) and also injury reports of accused-appellants Raj Kumar and Gokran.

It comes out that incident took place on 28th August, 2007 at 06.00 p.m. of which FIR was lodged on the same day at 10.30 p.m.; distance of police station from the place of occurrence is 5 kilometers; complainant is son of the deceased and in the FIR he had alleged that on the date of incident accused persons, in which Ram Gopal and Raj Kumar were armed with pointed-Saria, Sandeep was armed with Bhali and remaining Gokran and Smt. Rani were armed with Danda came at his house; they waylaid his father from their respective weapons; on hue and cry having been raised by the complainant, he was also beaten along with his younger brother, namely, Uttam Singh, who has also received injury.

As both parties have received injuries, incident is admitted, but in what manner it has been committed is a matter, which can only be thrashed-out at the time of hearing, but prima-facie at this juncture the appellants are convicts and there is specific evidence against them that they had committed crime with respect to murder of Ramasre. Ram Gopal, Raj Kumar and Sandeep armed with pointed-Saria and Bhali and their injuries find place on body of the deceased, but it cannot be overlooked that Gokran and Smt. Rani were having Danda and they have been convicted with aid of Section 149 IPC.

Accordingly, we don''t find it a fit case for releasing appellants-Ram Gopal, Raj Kumar and Sandeep on bail. Their applications for bail is rejected.

So far as appellants-Gokran and Smt. Rani are concerned, since they were armed with Danda and injury on person of the complainant does not seem to be serious in nature and were on bail during the course of trial and they did not misuse the liberty of bail granted to them and appeals will take considerable long time for reaching on their justiceable conclusion, we direct that they be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned.

Realization of half of the fine is stayed and remaining half of the fine shall be deposited by appellants-Gokran and Smt. Rani within one month from the date of their release on bail.

Chief Judicial Magistrate concerned is directed to transmit to this Court photocopies of bonds and sureties filed by the said appellants to be preserved in the record maintained in this Court.