Court No. - 60
Case :- CRIMINAL APPEAL No. - 3690 of 2016 Appellant :- Roshan Respondent :- State Of U.P.
Counsel for Appellant :- Vibhav Dutt Ojha,Vishnu Dutt Ojha Counsel for Respondent :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Re: Criminal Misc. Bail Application No.358551 of 2016
Heard learned counsel for the applicant-appellant and learned AGA for the State.
The applicant-appellant alonwith his parents, namely, Smt. Babli and Harpal has been convicted by Sessions Judge, Hapur for 10 years rigorous imprisonment under Section 304B IPC, three years rigorous imprisonment alongwith a fine of Rs.10,000/- under Section 498A IPC and one year rigorous imprisonment alongwith a fine of Rs.10,000/- under Section 4 of Dowry Prohibition Act.
It has been contended by learned counsel for the applicant- appellant that Smt. Babli and Harpal have already been enlarged on bail by this Court. The applicant-appellant is languishing in jail since 28.12.2014 and thus has suffered more than three years of the sentence awarded by the lower court. It further contended that no external injury was observed on the body of the deceased during the course of post mortem. However, as per viscera report the cause of her death was Aluminium Phosphate (poison). Moreover, there is no likelihood of this appeal being decided in near future.
Learned AGA has opposed the bail prayer of the applicant- appellant.
Considering the facts and circumstances of the case, the arguments advanced on behalf of both the sides and keeping in view the period of detention of the appellant, I find it a fit case for bail.
Let the applicant-Roshan be released on bail in instant criminal appeal arising out of Sessions Trial No.278 of 2015 (State vs. Roshan and others) under Sections 498A, 304B IPC and Section 4 D.P. Act, Police Station Garhmukteshwar, District Hapur 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.
50% of the fine awarded by the court below under the impugned judgment shall be deposited by the applicant- appellant within 15 days from the date of his release.
As the lower court record has already been received, therefore, office is directed to list this appeal for final hearing in due course.
Order Date :- 28.3.2018 Deepika