Vijay Yadav & Ors. vs State Of U.P.
2015 Latest Caselaw 4589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- CRIMINAL APPEAL No. - 1379 of 2015
 

 
Appellant :- Vijay Yadav & Ors.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Farooq Ayoob
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard the learned counsel for the appellants and learned A.G.A for the State.

This Criminal Appeal has been filed by the appellants against the judgment and order dated 18.11.2015 passed by the Special Judge SC/ST Act, Barabanki in S.T. no. 233 of 2008 (State vs. Vijay Yadav and another), arising out of S.T. No. 632 of 2007, under Sections 354, 504 I.P.C. and section 3(1)X SC/ST Act, P.S. Ram Nagar, district-Barabanki, by which the appellants, Vijay Yadav and Dinesh have been convicted under Sections 354, 504 I.P.C. and section 3(1)X SC/ST Act and sentenced to one year simple imprisonment and a fine of Rs. 2000/- each under Section 354 I.P.C., six months imprisonment and a fine of Rs. 2000/0 each under Section 504 I.P.C. and one year imprisonment together with fine of Rs. 5000/- each under Section 3(1)X SC/ST Act together with default clause.  

Admit.

Summon the lower court record.

Learned counsel for the appellants submitted that the finding of conviction recorded by the Court below in the impugned Judgment and order dated 7.11.2015 is vitiated by non consideration  of material evidence on record.  He next submitted that the appellants who were on bail during the pendency of the trial have not misused the liberty of bail and since there is no likelihood of this appeal being heard in near future, they are entitled to be released on bail during the pendency of this appeal.

Learned A.G.A. has opposed the prayer for bail.

Considering the fact that the appellants were on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the appellants are entitled to be enlarged on bail during the pendency of the appeal.

Let the appellants, Vijay Yadav and Dinesh alias Nanku be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in S.T. no. 233 of 2008 (State vs. Vijay Yadav and another), arising out of S.T. No. 632 of 2007, under Sections 354, 504 I.P.C. and section 3(1)X SC/ST Act, P.S. Ram Nagar, district-Barabanki.

It is further directed that recovery of 50% of fine from the appellants  shall also remain stayed.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

List this appeal for hearing in due course.

Order Date :- 26.11.2015

Faridul