Court No. - 52
Case :- CRIMINAL APPEAL No. - 2137 of 2018 Appellant :- Ravi Respondent :- State Of U.P.
Counsel for Appellant :- Ajay Kumar 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.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 21.3.2018 and 22.3.2018 passed by Additional Session Judge, court no. 5, District Bulandshahar in S.T. No. 722 of 2013 (State vs. Ravi) arising out of Case Crime No. 264 of 2013, u/s 306 IPC, P.S. Kotwali Dehat, District Bulandshahar.
The submission of learned counsel for the applicant is that the appellant is the husband of the deceased; the deceased was already a married lady and without obtaining divorce, her marriage was solemnized with the appellant; the demand of dowry could not be proved by the prosecution as all witnesses examined during trial have not supported the prosecution version; some of the witnesses have stated that the appellant had illicit relation with his Bhabhi on account of which the deceased used to remain quite frustrated and committed suicide by pouring kerosene oil and set her ablaze. In the light of evidence on record the trial court has recorded conviction u/s 306 IPC and sentenced the appellant to undergo seven years imprisonment; he further submitted that the appellant was on bail during trial which liberty he never misused. 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 applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Ravi 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 :- 26.11.2018 Dhirendra/