Court No. - 52
Case :- CRIMINAL APPEAL No. - 7495 of 2018 Appellant :- Vishnu Singh And 2 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Rajesh Kumar Dubey 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. Admit. Summon the lower court's record.
The instant criminal appeals have been filed by applicants-appellants against the judgement and order dated 22.11.2018 passed by Additional Session Judge, FTC, court no. 20, Allahabad in S.T. No. 563 of 2010 (State vs. vishnu Singh and others) u/s 498A, 304B, 201 IPC and u/s 3/4 D.P. Act, P.S. Kotwali, District Allahabad.
The submission of learned counsel for the applicants is that the appellants have been falsely implicated in this case; the appellant no. 1 is father--in-law, appellant no. 2 is Jeth and appellant no. 3 is mother-in-law of the deceased; admittedly the marriage of the appellant's son was solemnized with the deceased about six years back; it is argued that the allegations against the appellants are general and sweeping in nature; there was no occasion for them to make any illegal demand of dowry even after six years of the marriage; the submission is that the deceased was living separately with her husband where she is stated to have committed suicide; the appellants were tried for the offence u/s 498A, 304B IPC and 3/4 D.P. Act but the said charges could not be proved and the appellants have been acquitted for the said offences; they have been convicted only for the offence u/s 201 IPC and maximum sentence awarded by the trial court is two years; they are on interim bail vide order dated 22.11.2018. 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 applicants is made out. The bail applications are allowed.
Let the applicants-appellants Vishnu Singh, Ravi Singh and Smt. Kiran Singh convicted and sentenced in the aforesaid session trial, during the pendency of the appeals be released on bail subject to their 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 applicants-appellants before their release on bail. List in due course for hearing.
It is made clear that the case of the appellants is distinguishable from husband of the deceased namely Neeraj Singh.
Order Date :- 19.12.2018 Dhirendra/