Kamlesh vs State Of U.P.
2012 Latest Caselaw 1825 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 1266 of 2007
 

 
Petitioner :- Kamlesh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Om Prakash Vishwakarma
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

Prayer for bail has been made by appellant- Kamlesh, who has been convicted under sections 498A/34, 304/34, 302/34 I.P.C. and under section 4 of Dowry Prohibition Act and sentenced to undergo maximum sentence of  life imprisonment with total fine of Rs. 5,000/- by Additional Sessions Judge/F.T.C., Court No. 7, Pratapgarh, in Sessions Trial No. 442/04, arising out of  Case Crime No. 140/04 , P.S. Lalganj, District - Pratapgarh.

It is submitted on  behalf of the appellant that daughter and wife of the appellant died in accidental fire. No overt act has been assigned to the appellant. He is in jail for more than 5 years.

Considering the facts and circumstances of the case, without commenting on the merit of the case, I find it to be a fit case for bail.

Pending appeal,  appellant-Kamlesh, who has been convicted in aforementioned case shall be released on bail on his executing personal bond with two sureties of like amount to the satisfaction of the court concerned.

Till further orders, realization of fine, if any, shall remain stayed.

Order Date :- 16.5.2012

S. Kumar