Ramesh Yadav vs State of U.P.

Heard learned counsel for the appellants and learned Additional Government Advocate.

Both the appeals filed by the appellants arise out of one and the same judgment, as such, they are being taken up together for the purpose of consideration of bail.

These appeals have been preferred by appellants, namely, Ramesh Yadav and Ram Bahadur against judgement and order dated 01.02.2011 passed by learned Special Judge, SC/ST Act, Barabanki in Session Trial No. 35 of 2005 whereby they have been convicted under Sections 307/34, 504 IPC read with Section 3 (2) (V) SC/ST Act and sentenced for a maximum term of life imprisonment with fine stipulation.

We have gone through the judgment as well as record of the court below including injury report of Naumi Lal.

It is a case wherein at about 02.30 pm Naumi Lal, who was going on bicycle with his nephew Thodhe Lal, was shot by Ram Bahadur Yadav by his country made pistol on instigation made by his son Ramesh Yadav as a result of which injury was received by him on back having blackening and charring. The main assailant is Ram Bahadur Yadav since role of firing has been assigned to him.

Although the appellants were on bail during the course of trial but since no active role has been assigned to Ramesh Yadav, we find his case to be a fit case for releasing him on bail.

Let appellant Ramesh Yadav, convict of aforesaid Sessions Trial, be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Barabanki. Realization of half of the fine is stayed and remaining half of the fine shall be deposited by the appellant within one month from the date of his release on bail.

The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by appellant to be preserved in the record maintained here.

So far as prayer for bail of appellant Ram Bahadur is concerned, at this juncture it is rejected.