Anil Kumar Jain and Another vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and learned A.G.A. for the State. Admit and connect with Criminal Appeal No. 2199 of 2011.

Summon the Lower Court record.

Since both the appeals are arising out of a judgment and order dated 22.3.2011, passed by Additional Sessions Judge, Court No. 16, Agra, in Session Trial No. 453 of 2009, State v. Lalit Kumar Jain and Ors., arising out of case crime No. 98 of 2007, under Sections 323/34, 427 IPC, P.S. New Agra, District Agra, convicting and sentencing the Appellants to undergo for six months imprisonment each u/s 323/34 IPC with a fine of Rs. 500/- each and one year imprisonment u/s 427 IPC with a fine of Rs. 1,000/- each, with default stipulation. Therefore, the prayers for bail in these appeals is being disposed of by means of a common order.

It is contended by the learned Counsel or the Appellants that the Appellants have been falsely implicated in the case with the allegation that they had misbehaved in the marriage party and caused disturbance, on account of which complainant faced humiliation on the part of the Appellant.

It is further contended that initially the charge was framed under Sections 147, 323, 354, 427, 436, 504, 506 IPC, but they have been exonerated from the charge of Section 147, 354, 436, 504, 506 IPC as the said charges were found false. The Appellants have only been convicted u/s 323/34, 427 IPC. The Appellants Anil Kumar and Deepak Jain alias Deepu are on interim bail while the Appellant Lalit Kumar Jain alias Laluwa is in jail in connection with some other case. The appeal is not likely to be heard in near future.

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 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 are allowed.

Let the Appellants, Anil Kumar Jain, Lalit Kumar Jain alias Laluwa and Deepak Jain alias Deepu, convicted and sentenced in Session Trial No. 453 of 2009, State v. Lalit Kumar Jain and Ors., arising out of case crime No. 98 of 2007, under Sections 323/34, 427 IPC, P.S. New Agra, District Agra, be released on bail on their furnishing a personal bond with sureties each in the like amount to the satisfaction of the court concerned.