Ramesh Chandra and Others vs State of U.P.

R.M. Chauhan, J.

Sri Onkar Pandey, files power on behalf of complainant, which is taken on record.

Heard learned counsel for the appellants on the point of admission and perused the judgment and order dated 08.12.2009.

This appeal has been directed by the accusedappellants Ramesh Chandra, Gorakh Nath, Subedar alias Vinod Kumar, Hari Narain, Raj Kumar Mishra and Satye Deo against the judgment and order dated 08.12.2009 passed by Additional Sessions Judge/Fast Track Court no.3, Gonda, in Sessions Trial No.135 of 2007 (Crime No.59 of 2005) State Vs. Ramesh Chandra and others, under Sections 147, 148, 323/149, 324/149, 325/149, 308/149 I.P.C, P.S. Tarabganj, District Gonda, by which the learned Additional Sessions Judge has held the accused guilty under Sections 147, 148, 323/149, 324/149, 325/149 I.P.C. The learned Additional Sessions Judge has convicted and sentenced the accusedappellant to undergo different terms of imprisonment and to pay fine with default stipulation. The maximum sentence awarded by the trial court is of four years in each of Section 325/149 I.P.C.

Admit.

Heard learned counsel for the appellants and learned A.G.A on the prayer for bail.

The submission of the learned counsel for the appellants is that in this case two persons are said to have sustained injuries. No grievous injury was sustained by any of the injured on head; rather left fibula bone of injured Sanjay was found to be fractured. The trial court has found that no offence under Section 308 I.P.C. is made out against the accused. Coaccused Ram Bahadur Pandey has already been ordered to be released on bail by this Court vide order dated 18.12.2009 passed in Criminal Appeal No.3013 of 2009. The accusedappellants were on bail during trial. They did not misuse the liberty of bail granted to them. Therefore, they also deserve to be released on bail.

The learned A.G.A, opposed the prayer of bail and argued that Sanjay had sustained injury on head which could be fatal to him. Keeping in view the nature of injury the accused do not deserve to be released on bail.

Considered the submissions of the learned counsel for the accused appellants and the learned A.G.A. Keeping in view the totality of facts and circumstances of the case without expressing any opinion on the merits of the appeal, the accusedappellants may be released on bail.

Let appellants Ramesh Chandra, Gorakh Nath, Subedar alias Vinod Kumar, Hari Narain, Raj Kumar Mishra and Satye Deo be released on bail in aforesaid Sessions Trial number on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.

However, the realization of fine is not stayed and the same be deposited by the appellants, if not already deposited, within 30 days from the date of his release, failing which this bail order shall stand cancelled