Court No. - 50
Case :- CRIMINAL APPEAL No. - 4351 of 2018 Appellant :- Krishna Kumar Tripathi And Another Respondent :- State Of U.P.
Counsel for Appellant :- Anshu Chaudhary,Durgesh Kumar Singh Counsel for Respondent :- G.A.
And Case :- CRIMINAL APPEAL No. - 4352 of 2018 Appellant :- Kumari Surabhi Tripathi Respondent :- State Of U.P.
Counsel for Appellant :- Anshu Chaudhary,Durgesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Crl. Misc. Bail Application No. 1 of 2018 and 1 of 2018.
Heard learned counsel for the applicants-appellants, learned AGA for the State and perused the record.
Learned counsel for the applicants-appellants submits that applicants- appellants Krishna Kumar Tripathi and Smt. Raj Kumari being father-in- law and mother-in-law and Kumari Surabhi Tripathi being sister-in-law of deceased-Smt. Neha have been falsely implicated for committing dowry death of Smt. Neha and wrongly convicted for the offences under Sections 498-A, 304-B I.P.C. and Sections 3/4 of Dowry Prohibition Act; that the applicants-appellants have been sentenced with rigorous imprisonment for a maximum period of Seven years and fine under Section 304-B I.P.C.; that during trial applicants-appellants were on bail and have not misused the liberty of bail and are in custody since the date of judgment of conviction i.e. 27.07.2018; that the applicants-appellants or any of them neither made any demand of dowry from the deceased- Smt. Neha nor subjected her to cruelty for non-fulfillment of demand of dowry nor caused her dowry death; that the deceased-Smt. Neha was blessed with a baby boy out of the wedlock with co-accused Saurabh Tripathi but since the baby boy was abnormal, the deceased-Smt. Neha was under depression and due to matrimonial dispute between husband and wife appears to have committed suicide by hanging herself; that otherwise deceased might have committed suicide due to matrimonial dispute with her husband, co-accused Saurabh Tripathi and the case of appellants is distingushable from co-accused Saurabh Tripathi; that the applicants-appellants were living separately as appellant-Krishna Kumar Tripathi was working at Kanpur while the deceased-Smt. Neha was living with his grand mother at Fatehpur, Roshnai, P.S. Akbarpur, Kanpur Dehat; that the entire prosecution story is absolutely false and incorrect; that there are material contradictions in prosecution evidence; that the trial court has acted wrongly and illegally in convicting the accused-appellants and they have every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court; that the applicants- appellants have no criminal history; that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicants- appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicants-appellants Krishna Kumar Tripathi, Smt. Raj Kumari and Kumari Surabhi Tripathi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 236 of 2012, Case Crime No.228 of 2012, under sections 498-A, 304-B I.P.C. and Sections 3/4 of Dowry Prohibition Act, P.S. Akbarpur, District Kanpur and subject to deposit of 50% amount of fine imposed on them and undertaking that applicants- appellants will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 24.9.2018 Vibha