Allahabad High Court
Balveer Singh vs State Of U.P. on 27 October, 2018
Bench: Ritu Raj Awasthi, Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
(Criminal Misc. Case No.91649 (B) of 2018)
In Re:-
Case :- CRIMINAL APPEAL No. - 1440 of 2018
Appellant :- Balveer Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Kapil Misra
Counsel for Respondent :- Govt. Advocate,Rajiv Singh
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Rajesh Singh Chauhan,J.
Objection and reply to the objection filed by the learned counsel for the parties today in the Court, are taken on record.
Heard Sri Jyotindra Mishra, learned Senior Advocate assisted by Sri Kapil Mishra, learned counsel for the appellant-applicant and the learned Additional Government Advocate on the application for bail and perused the record.
This criminal appeal has been preferred by the appellant against the judgment and order dated 23.07.2018, passed by the learned Additional District Judge/ Special Judge (E.C. Act), Lucknow in Session Trial No.1385 of 2010, arising out of Case Crime No.480 of 2010, under Sections 304-B, 498-A & 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Talkatora, District-Lucknow, whereby the appellant has been convicted and sentenced for maximum period of ten years simple imprisonment with stipulations of fine.
Learned counsel for the appellant-applicant submits that the appellant-applicant is the father-in-law of the deceased. He has been falsely implicated in this case and the appellant-applicant is aged about 65 years. He has no criminal history. He was involved in a business and is a reputed citizen. It is also submitted that the appellant-applicant was on bail during trial and he did not misuse the liberty of bail.
On the other hand, learned Additional Government Advocate has opposed the prayer for bail. It is submitted by the learned Additional Government Advocate that the appellant-applicant along with his wife and the son, who is said to be the husband, were involved in the aforesaid crime and the learned trial court has rightly convicted the appellant-applicant under Sections 498-A, 304-B & 406 I.P.C. and Section 3/4 of Dowry Prohibition Act.
Considering the entire aspect of the matter and the submissions advanced by the learned counsel for the parties, we are of the view that the appellant-applicant, Balveer Singh, is entitled to be released on bail.
Let the appellant-applicant, Balveer Singh, be released on bail in the aforesaid Session Trial on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned.
As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.
The fine imposed by the learned Trial Court shall be deposited by the appellant-applicant within a period of one month from the date of release, failing which, the bail granted to the appellant-applicant shall stand cancelled and he shall be arrested and sent to jail to serve out the sentence.
Order Date :- 27.10.2018
Suresh/
[Rajesh Singh Chauhan,J.] [Ritu Raj Awasthi,J.]
