Jay Prakash Yadav & Another vs State Of U.P.
2016 Latest Caselaw 5367 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4101 of 2016
 

 
Appellant :- Jay Prakash Yadav & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pratibha Singh,Ashok Kumar Singh
 
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 :- 22.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4101 of 2016

Appellant :- Jay Prakash Yadav & Another

Respondent :- State Of U.P.

Counsel for Appellant :- Pratibha Singh,Ashok Kumar Singh

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application  No. 254908 of 2016

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

It has been submitted that according to prosecution version, cruelty and harassment were alleged on the demand of additional dowry. The deceased was a teacher, she died on 2.5.2009 at about 11.00 in the night. The trial was conducted in accordance with law. The learned court below has recorded a finding that the deceased was not administered intoxicating substance under the domain of the accused-appellant. The finding recorded in pargraph 29 of the judgment supports the defence version.

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 appellants  Jay Prakash Yadav and Smt.Sarla Devi convicted in S.T.No. 330  of 2011 ( Case Crime No. 475 of 2009) under Section 498-A, 304-B I.P.C.and 4 D.P.Act, Police Station Kotwali Nagar, District Etah  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 :- 22.8.2016

Su