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Judgment
Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and the 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 5.4.2011, passed by Additional Sessions Judge, Court No. 1, Etawah in Session Trial No. 420 of 2008, State v. Arvind Kumar alias Pintu Sharma and Anr., arising out of case crime No. 225 of 2008, under Sections 323, 342 IPC, P.S. Bharthana, District Etawah, convicting and sentencing the Appellants for one year rigorous imprisonment under Sections 323 IPC and for one year rigorous imprisonment u/s 342 IPC.
A first information report was lodged under Sections 342, 323, 504, 506, 307 IPC with the allegations that the Appellant No. 1 along with three unknown persons called the complainant and had taken him forcibly after giving some intoxicant on account of which he fell unconscious, thereafter he was left in a dry well by tying his feet.
It is contended by the learned Counsel for the Appellants that, in the first information report the name of the Appellant No. 2 had not been disclosed. The first information report has been registered merely on suspicion. There is no witness of the recovery and the medical evidence as well as documentary evidence produced by the prosecution is inconsistent with the statement. The Appellants have been acquitted from the charge under Sections 307, 504, 506 IPC and they have only been convicted u/s 323, 342 IPC for one year imprisonment in each offence. The Appellants were on bail during the trial and they had never misused the liberty of bail. Now they are on interim bail. 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 opposed the prayer of bail of the Appellants 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 is allowed.
Let the Appellants, Arvind Kumar alias Pintu Sharma and Sameer Yadav, convicted and sentenced in Session Trial No. 420 of 2008, State v. Arvind Kumar alias Pintu Sharma and Anr., arising out of case crime No. 225 of 2008, under Sections 323, 342 IPC, P.S. Bharthana, District Etawah, 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.