Court No. - 52
Case :- CRIMINAL APPEAL No. - 6902 of 2018 Appellant :- Devi Deen Prajapati And Anr.
Respondent :- State Of U.P. Counsel for Appellant :- Shyam Lal Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeals have been filed by applicants-appellants against the judgement and order dated 31.10.2018 passed by Additional Session Judge/Fast Track Court, Kanpur Nagar in S.T. No. 1256 of 2009 (State vs. Ashok @ Babloo @ Deepak and others) arising out of Case Crime No. 120 of 2006, u/s 498A, 304B IPC and 4 D.P. Act, P.S. Kotwali, District Kanpur Nagar.
The submission of learned counsel for the applicants is that the appellant nos. 1 and 2 are father-in-law and mother-in-law of the deceased; the marriage of the deceased was solemnized with their son in the year 2002; the allegation against the appellants of demand of dowry and torture are quite vague and sweeping in nature; the main allegation of demand of dowry is against the co-accused, husband of the deceased Ashok @ Babloo @ Deepak; both the appellants were on bail during trial, which liberty never misused; he further submitted that case of the husband of the deceased is distinguishable from that of the appellants. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicants is made out. The bail applications are allowed.
Let the applicants-appellants Devi Deen Prajapati and Nirmla Devi convicted and sentenced in the aforesaid session trial, during the pendency of the appeals be released on bail subject to their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicants-appellants before their release on bail.
List in due course for hearing.
Order Date :- 29.11.2018 Dhirendra/