Indra Devi & Another vs State Of U.P.
2016 Latest Caselaw 5077 ALL

Citation : 2016 Latest Caselaw 5077 ALL
Judgement Date : 9 August, 2016

Allahabad High Court

Indra Devi & Another vs State Of U.P. on 9 August, 2016

Bench: Raghvendra Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 2098 of 2016
 

 
Appellant :- Indra Devi & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pradeep Kumar Rai,Kamal Krishna
 
Counsel for Respondent :- G.A.
 
Hon'ble Raghvendra Kumar, J.

Heard learned counsel for the appellants and learned A.G.A. for the State of U.P. and perused the material available on record.

It is submitted on behalf of the applicants that applicants are Jethani & Jeth, they are not supposed to the beneficiary, they were living separately and this fact finds from the testimony of the Investigating Officer of the case.

It has further been submitted that the trial court has recording the finding ?thus, on the basis of the above stated detailed discussion, this Court holds that present case is a case of suicide by hanging and is not a case of the strangulation?.

The case of the applicants - Indra Devi, Jethani and Santosh Gupta, Jeth are distinguishable from the case of other accused. Therefore, the appellants deserve to be enlarged on bail.

Learned A.G.A for the State has opposed the bail application and disputed the findings recorded by the Court below with respect to strangulation and suicide by hanging.

Considering the revival submissions without merits of the appeal, let the appellants ? Indra Devi and Santosh Gupta, convicted and sentenced in S.T. No. 754 of 2012, arising out of Case Crime No. 125 of 2012 under Sections 498-A, 304-B read with Section 34 I.P.C & Section 4 Dowry Prohibition Act read with Section 34 I.P.C, Police Station ? Tharwai, District ? Allahabad, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

50% of the fine imposed by the trial court shall be deposited by the appellant within ten days from the date of release. The rest of the fine shall remain stayed during the pendency of the appeal.

Order Date :- 09.08.2016,

Vinod.