Vinod vs State Of U.P.
2016 Latest Caselaw 2405 ALL

Citation : 2016 Latest Caselaw 2405 ALL
Judgement Date : 9 May, 2016

Allahabad High Court

Vinod 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. - 2568 of 2015
 
Appellant :- Vinod
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Arun Kumar Tripathi,Awadh Bihari Pandey
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Pratyush Kumar,J.

Crl. Misc. Bail Application No. 205468 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 304-B 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 took the deceased for treatment to the hospital. This fact stands substantiated from the statement of Dr. K.M. Drivedi PW- 6. The appellant is in jail since 2.6.2015. 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, Vinod, be released on bail in S.Trial No.43 of 2009 ( State Vs. Vinod), under Sections 498-A, 304 I.P.C and 3/4 D.P. Act, P.S. Kotwali Fatehgarh, District Farrukhabad 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