Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicants-appellants and learned Additional Government Advocate and perused the record of the case.
It is argued by the learned counsel for the appellants that the appellants have only been convicted u/s 304 part (1) I.P.C. It is further submitted that the appellants were on bail during the trial. Further submission is that only Sarvesh Kumar @ Arun Kumar was named in the F.I.R. and the other co-accused-Vinder @ Vijendra Singh was not named in the F.I.R. and also the role of throwing acid was assigned to the appellant Sarvesh Kumar @ Arun Kumar Singh in the F.I.R. Even in the statement of P.W.3 Mansha, the injured girl, the role of throwing acid was assigned to the appellant- Sarvesh Kumar @ Arun Kumar Singh.
Per contra, learned A.G.A has opposed the prayer for bail and submitted that the acid was thrown on the two victims by the appellant Sarvesh Kumar @ Arun Kumar Singh, who was thrown out of the school where he was teaching by the complainant because of his bad habits.
Having given our thoughtful consideration to the submissions of the parties and without expressing any opinion on the merits of the case, we are of the opinion that so far as the appellant Vinder @ Vijendra Singh is concerned, he has made out the case of bail. So far as the bail of other appellant-Sarvesh Kumar @ Arun Kumar Singh is concerned, no case for bail is made out.
Accordingly, the prayer for bail of the appellant Sarvesh Kumar @ Arun Kumar Singh is rejected.
Without expressing any opinion on the merits of the case, let the appellant Vinder @ Vijendra Singh convicted and sentenced in S.T. No.139-A of 2004 (State Vs. Sarvesh Kumar @ Arun Kumar Singh and another), Case crime no.116 of 2004, u/s 304 Part (1) I.P.C., P.S. Amroha Dehat, district J.P. Nagar (Amroha) be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned, on deposit of fine amount within a period of one month.
Office has not sent complete record. Office to locate the complete papers and place it in this case.
Order Date :- 29.8.2014 Rkb