Bal Kishan & 4 Others vs State Of U.P.
2016 Latest Caselaw 5292 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4035 of 2016
 

 
Appellant :- Bal Kishan & 4 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Bhaskar Bhadra
 
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.

It has been submitted on behalf of the appellants that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 19.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4035 of 2016

Appellant :- Bal Kishan & 4 Others

Respondent :- State Of U.P.

Counsel for Appellant :- Bhaskar Bhadra

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 251030 of 2016

Learned counsel for the appellants is permitted to delete the name of appellant No. 1 Bal Kishan son of Chunni Lal from the bail application.

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the accused appellants  that the bail application has been moved on behalf of father-in-law, mother-in-law, Devar and brother-in-law of the deceased.  It has been been further submitted that out of non congenial atmosphere in the house, the lady committed suicide.  The FIR has been lodged with colour version.  The allegations are not specific.  The trial court has not appreciated the evidence available on record in right perspective.  The accused-appellants were on bail during the course of trial.

Learned A.G.A.has opposed the bail application.

There is no likelihood of this appeal being heard in near future 

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let the four accused-appellants, namely, Chunni, Mukesh ,Smt. Gyano Devi and Bhagwan Das convicted in S.T.No.998 of 2013 , under section 306 I.P.C., arising out of case crime No. 936 of 2013, Police Station Aonla, District Bareilly ( State vs. Bal Kishan and others)  be admitted to bail subject to  their  executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellants are  directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of their release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

Order Date :- 19.8.2016/Su