Deepak Dwivedi vs State Of U.P
2017 Latest Caselaw 1616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CRIMINAL APPEAL No. - 1463 of 2016
 
Appellant :- Deepak Dwivedi
 
Respondent :- State Of U.P
 
Counsel for Appellant :- Alok Kr. Misra,Shiv Kumar
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 96208 of 2016)

1. This application for bail has been filed along with the instant criminal appeal by appellant-applicant Deepak Dwivedi under Section 366 I.P.C.

2. Accused has been convicted under Section 366 I.P.C for imprisonment of seven years and fine to the tune of Rs. 10,000/-, under Section 368 I.P.C for imprisonment of seven years and fine to the tune of Rs. 10,000/- and under Section 376 I.P.C for imprisonment of ten years and fine to the tune of Rs.15,000/-.

3. It has been argued on behalf of appellant-applicant that prosecutrix was major at the time of incident and she married to accuse out of her own willingness  in Arya Samaj Temple. She also lived with accused for13 days. It is only when she came into contact of her father and family members, she changed her statement that under threat she was forced to marry with appellant-applicant. He has also argued that during trial he was on bail. 

4. Learned AGA has submitted that appellant-applicant has criminal history but as per submission of appellant-applicant, in all cases final report has been submitted.

5. No objection has been filed on behalf of State.

6. Keeping in view the age of prosecutrix and her marriage with appellant-applicant in Arya Samaj Temple and the facts that he was on bail through out the trial, appellant-applicant is entitled for bail.

7. Let Deepak Dwivedi, convict of aforesaid session trial, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of Chief Judicial Magistrate/Court concerned.

Order Date :- 5.6.2017

Pachhere/-