Court No. - 52
Case :- CRIMINAL APPEAL No. - 1129 of 2017 Appellant :- Vipin Singh Respondent :- State Of U.P.
Counsel for Appellant :- Purushottam Pandey Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the parties.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 12.1.2017 passed by Additional District & Session Judge, court no. 2, Shahjahapur in S.T. No. 267 of 2014 (State vs. Vinay Kumar Singh alias Bantu and others) arising out of Case Crime No.
150 of 2014, u/s 304-B, 498A IPC and 3/4 D.P. Act, P.S. Sindhauli, District Shahjahanpur.
The submission of learned counsel for the applicant is that the appellant being brother-in-law (Dever) of the deceased, has been falsely implicated in this case by the first informant. No dowry was ever demanded by him. The allegations against him are sweeping and general in nature. He was on bail during trial, which liberty he never misused. It is stated that the case of the applicant is distinguishable with that of co-accused against whom there are direction allegation for demand of dowry. The appellant is languishing in jail since 12.01.2017. 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 Vipin Singh 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 :- 28.11.2017 Dhirendra/