Baubi vs State Of U.P.
2016 Latest Caselaw 5295 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4036 of 2016
 

 
Appellant :- Baubi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Diwakar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

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

It has been submitted on behalf of the appellant 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. - 4036 of 2016

Appellant :- Baubi

Respondent :- State Of U.P.

Counsel for Appellant :- Diwakar Tiwari

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 251063 of 2016

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

It has been argued  on behalf of the accused appellant that P.W.1, P.W.2 and P.W.3 have not been supported the prosecution story.  Initially the case was registered under sections 498-A, 304-B and 3/4 D.P.Act. Subsequently it has been converted  and finally finding of  conviction under sections 498-A &  306 I.P.C.has been recorded.  The appellant is husband of the deceased.  He is languishing in jail for more than two and a half year.  The learned trial court has failed to appreciate the evidence in right perspective.

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 appellant Baubi  convicted in S.T.No. 375 of 2014 ( State vs. Baubi) , arising out of case crime No. 249 of 2013, under section 498-A and 306 I.P.C., Police Station Kotwali City, District Aligarh  be admitted to bail subject to his executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

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

Order Date :- 19.8.2016

Su