Court No. - 60
Case :- CRIMINAL APPEAL No. - 1705 of 2015 Appellant :- Mukesh Tiwari Respondent :- State Of U.P.
Counsel for Appellant :- Syed Faiz Hasnain Counsel for Respondent :- Govt.Advocate,C S Sharma Hon'ble Rajiv Lochan Mehrotra,J. Re: Criminal Misc. Bail Application No.150228 of 2015 Learned counsel for the applicant-appellant and learned AGA for the State is present.
The present first bail application has been preferred against the judgment and order dated 27.2.2015 passed in Sessions Trial No.150 of 2014 (State of UP vs. Mukesh Tiwari) under Section 304B IPC and Section 3/4 DP Act, Police Station Barra, District Kanpur Nagar thereby convicting both the appellants for three years rigorous imprisonment and fine of Rs.5000/- under Section 498A IPC and seven years rigorous imprisonment and fine of Rs.10,000/- under Section 304 IPC and one year rigorous imprisonment and fine of Rs.5000/- under Section 3/4 D.P. Act.
It is submitted by learned counsel for the applicant-appellant that the co-accused, Geeta Devi, has already been enlarged on bail by a co-ordinate Bench of this Court. It is further submitted that the appellant is languishing in jail since 4.8.2013 and as per FIR and dying declaration, available on record, he had no role in the commission of offence and the deceased was never subjected to cruelty by the applicant-appellant. The role of setting her ablaze as mentioned in the dying declaration has been assigned to Geeta Devi and Shailja. Apart from it, the complainant of the case has also preferred a Criminal Revision Defective No.448 of 2015 in which fresh notice has been sent to the complainant by the Court. In these circumstances, there appears no likelihood of this appeal being decided in near future.
Learned AGA has opposed the prayer for bail but conceded the fact that no allegation has been levelled against the applicant in the FIR.
Considering the facts and circumstances of the case and keeping in view the period of detention and the role of the appellant, it shall be appropriate to release the applicant-
appellant on bail.
Let the applicant-appellant Mukesh Tiwari be released on bail in instant criminal appeal arising out of Sessions Trial No.150 of 2014 (State of UP vs. Mukesh Tiwari) under Section 498A IPC, Police Station Barra, District Kanpur Nagar on his 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 bond, the lower court shall transmit the photostat copies of the same to this Court for being kept on record of the instant criminal appeal.
It is submitted by learned counsel for the appellant that the co- accused Geeta Devi has also preferred a Criminal Appeal against the impugned judgment which is also pending in the Court bearing Criminal Appeal Defective No.518 of 2015.
Office is directed to connect this appeal with Criminal Appeal Defective No.518 of 2015 and list it on 21.5.2018.
Order Date :- 29.3.2018 Deepika