Court No. - 1
Case :- CRIMINAL APPEAL No. - 3723 of 2017 Appellant :- Sunil Kumar Vishwakarma & 2 Others Respondent :- State Of U.P.
Counsel for Appellant :- Madan Singh,Ashok Kumar Singh,Shashi Ranjan Srivastava Counsel for Respondent :- G.A.,Rabindra Bahadur Singh
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Kumar Singh,J.
Re: Criminal Misc. 2nd Bail Application No. NIL of 2018 Heard Sri Ashish Ranjan Srivastava, learned counsel for the appellant-applicant, Pawan Kumar Shukla, learned AGA for the State and perused the record.
This is the second bail application of the appellant-applicant. The first bail application of the appellant-applicant was rejected by this Bench on 22.11.2017.
The only ground which has been argued by learned counsel for the appellant-applicant is that the deceased died while cooking food in the house but there appears to be no smell of kerosene oil from her dead body. It has been next stated that the appellant-applicant was not present at the date and time of the incident. In the first bail application which was rejected on merits, all these points were not considered. Learned counsel for the appellant-applicant further pointed out that he is in jail since 2.7.2016.
Learned AGA has vehemently opposed the prayer for bail and submitted that the first bail application of the appellant-applicant was rejected on merits. The ground taken was also considered while rejecting his first bail application.
Without expressing any opinion on the merits of the case and considering the submissions advanced, we find that no good ground is made out for enlarging the appellant on bail.
The bail application of the appellant-applicant, Sunil Kumar Vishwakarma, involved in S.T. No.151 of 2016, Case Crime No. 123 of 2016 (State of U.P. Vs. Sunil Kumar Vishwakarma and others), under Sections 498-A, 304-B I.P.C. and Section-4 of Dowry Prohibition Act, P.S. Aurai, District Bhadohi is, accordingly, rejected.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within four months.
List thereafter the appeal before the appropriate Bench for final hearing.
(Vivek Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 14.9.2018 Deepika