Sachin vs State Of U.P.
2016 Latest Caselaw 2400 ALL

Citation : 2016 Latest Caselaw 2400 ALL
Judgement Date : 9 May, 2016

Allahabad High Court

Sachin vs State Of U.P. on 9 May, 2016

Bench: Pratyush Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 11
 

 
Case :- CRIMINAL APPEAL No. - 2790 of 2015
 
Appellant :- Sachin
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ashok Kumar Pandey
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Pratyush Kumar,J.

Crl. Misc. Bail Application No.225968 of 2015.

Heard learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.

In this appeal the maximum sentence awarded by the court's below is ten years under Section 498-A of the Indian Penal Code.

Learned counsel for the appellant submits that the impugned judgment and order of the court's below are illegal and perverse. The court's below has not appreciated the evidence on record in proper perspective. He further submits that the appellant is the husband of the deceased. He is confined in jail since 20.4.2011. It was a love marriage. There was no question of demand of dowry. It was the appellant who took the deceased to the hospital. He has no previous criminal history to his credit.

On behalf of the State, bail has been opposed.

In view of the above, it appears that appeal has arguable points.

Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides, taking into consideration the fact that keeping in view the fact that the appeal is not likely to be heard in near future, I find it a fit case for bail.

Let appellant, Sachin, be released on bail in S.Trial No.647 of 2011 ( State Vs. Sachin and another) arising out of case crime No. 203/2011, under Sections 498-A, 304-B I.P.C and 3/4 D.P. Act, P.S. Dadri, District Gautam Budh Nagar on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned. However, realization of 50% of the amount of fine is stayed. Remaining amount shall be deposited by the appellants within a period of one month from the date of their actual release.

Order Date :- 9.5.2016

G.S