Vijay Kapariya vs State Of U P
2017 Latest Caselaw 144 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL APPEAL No. - 1607 of 2016
 

 
Appellant :- Vijay Kapariya
 
Respondent :- State Of U P
 
Counsel for Appellant :- Jai Pal Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

C.M. Application No. 101065 of 2016

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

The accused Vijay Kapariya is in jail since 17.10.2011 which fact is not disputed by the State.

In view of the latest decision of the Apex Court in Criminal Appeal No. 509 of 2017 (Hussain and Anr Vs. Union of India) dated 9.3.2017, Vijay Kapariya, appellant is ordered to be  enlarged on bail in Sessions Trial No. 57 of 2012, Crime No. 639/2011 under sections 498-A, 304-B I.P.C. and 4 Dowry Prohibition Act, Police Station-Jahangirabad, District-Barabanki, be released on bail on his furnishing a personal bond and two sureties of Rs. 10,000/- each in the like amount to the satisfaction of the court concerned with the following conditions :-

(i) The appellant shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.

(ii) The appellant shall not leave India without permission of this Court.

(iii) The appellant shall inform the change of address within 10 days, failing which the State shall at liberty to request for cancellation of his bail.

(iv) Fine shall be deposited within 8 weeks from today.

As far as sentence is concerned the same shall remain suspended during pendency of the appeal.

Order Date :- 5.5.2017

psd