Court No. - 52
Case :- CRIMINAL APPEAL No. - 3716 of 2017 Appellant :- Smt. Rajkumari Alias Kamlesh & Another Respondent :- State Of U.P.
Counsel for Appellant :- Arvind Agrawal Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Arvind Agrawal, learned counsel for the appellant, learned AGA for the State and perused the record.
The instant criminal appeal has been filed by applicants-appellants against the judgement and order dated 20.6.2017 passed by Additional Session Judge, court no. 1, Firozabad in S.T. No. 550 of 2015 (State vs. Smt. Rajkumari @ Kamlesh and another) arising out of Case Crime No. 308 of 2015, u/s 498A, 304B, 302/34 IPC and section 3/4 D.P. Act, P.S. Narkhi, District Firozabad.
The submission of learned counsel for the applicant is that though the prosecution could not prove that any demand of dowry or ill-treatment was meted out to the deceased soon before her death, yet the trial court has illegally convicted the appellants u/s 304B IPC. He further submitted that admittedly it is a case of hanging and the first informant in his cross examination has admitted that his daughter died on account of ailment; she was never tortured nor ill-treated by her in-laws for any additional demand of dowry. Lastly it is contended that maximum sentence awarded by the trial court is seven years and the appellant had already remained under incarceration for more than half of the sentence and is in jail since 25.2.2015; the co-appellant Smt. Rajkumari has already been enlarged on bail in the instant appeal by another Bench of this Court vide order dated 13.9.2017. There is no possibility of early disposal of the appeal due to heavy dockets.
Learned AGA opposed the prayer for bail and submitted that the appellant is the husband of the deceased who died within two years of the marriage and therefore, the appellant may not be enlarged on bail.
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 applicant-appellant no. 2 Devendra convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to 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 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 applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 27.11.2018 Dhirendra/