Order on Appeal Heard learned Counsel for the appellant and learned AGA for State.
Admit.
Learned AGA accepted notice on behalf of State, so there is no need to issue notice to State.
Issue notice to complainant / victim, returnable at an early date, to be served through CJM concerned.
Lower Court Record has been received in connected appeal.
The appeal is directed to be listed in the month of November, 2021 for final hearing before appropriate Bench.
Order Date :- 28.7.2021 Manoj
Ref : Criminal Misc. Bail Application No. 1 of 2021.
Heard learned Counsel for appellant, learned AGA for State and perused the material available on record.
Accused-appellant convicted in Session Trail No. 73 of 2018 (State vs. Rajendra and others) arising out of Case Crime No. 79 of 2018, under Sections 498- A, 304-B I.P.C. and Section 4 Dowry Prohibition Act, alternative Section 302 read with 34 I.P.C., Police Station Ajnar, District Mahoba, applied for bail pending appeal.
Learned counsel for the accused-appellant submits that appellant is innocent and has wrongly been convicted and sentenced by the Trial Court. Trial Court did not appreciate the evidence in right perspective. He further submitted that the appellant is the husband of victim / deceased. The deceased died within seven years of her marriage. The accused-appellant was not present at the time of incident. He further pointed out that father and mother of appellant have already been granted bail. The appellant was on bail during trial but he did not misuse its liberty. Due to heavy pendency of appeals, this appeal is not likely to be heard in near future. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail and submitted that the accused-appellant is the husband of deceased and it was his duty to satisfy her wife. Admittedly, deceased died within seven years of marriage and she was subjected to demand of dowry.
Lower Court Record has been received and appeal is ready to be heard and decided.
When learned counsel for the appellant was asked to make a final argument in appeal but he is not ready. He does not want to get it decided, he only wants bail whereas the Court is ready and eager to decide the appeal finally.
Considering the facts and circumstances of the case, evidence adduced before trial court, rival contentions of learned Counsel for parties, his unwillingness to get the appeal decided on merit, finding recorded by trial court on the appreciation of evidence and without expressing any opinion on merit, I do not see any good ground to release the appellant on bail.
Accordingly, bail application is hereby rejected. Order Date :- 28.7.2021 Manoj