A photocopy of the judgment and order dated 28.09.2015 has been filed by the learned counsel for the appellant. The same may be taken on record.
Heard learned counsel for the applicants/appellants, learned AGA for the State and perused the record.
Since the above case of the applicants/appellants relates to the same S.T. number and Case Crime number, so the above bail applications of the applicants/appellants are being disposed of by a common order.
Learned counsel for the applicant/appellant has submitted that 40 kg Ganja is said to have been recovered from the possession of the accused applicants and the said recovery was made from some Alto Car; that in the same incident offence under section 307 I.P.C. and 419 I.P.C. are also said to have been committed but in both offence, the accused applicants have been acquitted as is evident from the judgment and order dated 28.09.2015 passed in S.T. 149 of 2014 related to case crime no. 346 of 2014 of Police Staion- Narhi, District- Ballia; that the accused-appellants were on bail during trial and they never misused the liberty of bail, so they should be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail and has further submitted that there is evidence against the applicants/appellants to prove their guilt, so they should not be enlarged on bail.
Having considered the rival submissions made by learned counsel for the parties and perused the material brought on record, this Court is of the view that applicants/appellants are entitled to be released on bail during the pendency of this criminal appeal.
The bail applications are, accordingly, allowed.
Let the applicants/appellants Pintoo Alias Ashutosh and Bheem Kumar Yadav be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned in the offence in which they have been convicted and sentenced respectively in S.T. No. 27 of 2014, Case Crime No. 347 of 2014, Police Station- Narhi, District- Ballia.
On depositing of Rs. 1/5th of the total amount of fine by the applicants/appellants each in the court concerned, the realization of the rest amount of the fine shall remain stayed during the pendency of this appeal.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the paper books be prepared.
List both the appeals for hearing in due course.
Order Date :- 11.1.2016 P/K