Natthhu Singh @ Vichittar Singh ... vs The State Of U.P.
2015 Latest Caselaw 2197 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 2512 of 2015
 

 
Appellant :- Natthhu Singh @ Vichittar Singh And 2 Others
 
Respondent :- The State Of U.P.
 
Counsel for Appellant :- A.P. Tewari,O.P. Katiyar
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Om Prakash-VII,J.

CRIMINAL MISC. BAIL APPLICATION NO.202465 OF 2015

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

It is submitted  by the learned counsel for the appellants that  there are general allegations against appellants. Appellant nos. 1 and 2 are the father-in-law and mother-in-law of the deceased and appellant no. 3 is Jethani of the deceased. General allegations of the demand of money have been made against the appellants. The appellants were on bail during trial and have not misused the liberty of bail.  Informant himself has attended the funeral ceremony of his daughter. Thus, First  Information Report was lodged against the accused appellants with ulterior motive. Since there is no likelihood of early hearing of the appeal in near future, the appellants may be released on bail pending appeal.

Learned A.G.A. opposed the prayer for bail.

Keeping in view the nature of offence, sentence awarded to the appellant and considering the evidence available on record and the findings recorded by the trial court thereon as well as the submissions made by the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the opinion that the appellant has made out a case for bail.

Let the appellants Natthhu Singh @ Vichittar Singh, Smt. Rajeshwari @ Rajesh and Smt. Indra convicted and sentenced in Session Trial No. 233 of 2012 arising out of case crime no. 132 of 2012 under Sections 498-A, 304-B, 201 IPC and 4 D.P. Act, P.S. Indargarh,   District-  Kannauj be released on bail during pendnecy of this appeal on furnishing  a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned. On acceptance of bail bond and personal bonds, the lower court shall transmit photostate copies thereof to this Court for being kept on record.

Prayer for stay of realization of fine imposed by the trial court in the impugned judgment and order is refused.  However, it is provided that the appellant shall deposit the same within a period of one month from the date of release.

Order Date :- 8.9.2015

A. Singh