Allahabad High Court
Kumari Lakshmi vs State Of U.P. on 11 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL APPEAL No. - 1428 of 2019
Appellant :- Kumari Lakshmi
Respondent :- State Of U.P.
Counsel for Appellant :- Vijay Prakash Singh Kushwaha
Counsel for Respondent :- G.A.
Connected with
Case :- CRIMINAL APPEAL No. - 1432 of 2019
Appellant :- Smt. Ganga Deie
Respondent :- State Of U.P.
Counsel for Appellant :- Vijay Prakash Singh Kushwaha
Counsel for Respondent :- G.A.
Connected with
Case :- CRIMINAL APPEAL No. - 1503 of 2019
Appellant :- Lakhan Ram
Respondent :- State Of U.P.
Counsel for Appellant :- Vijay Prakash Singh Kushwaha
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavits filed by learned A.G.A. is taken on record.
(Order on Criminal Misc. Bail Application No. of 2019)
Heard learned counsel for the applicant on bail application, learned A.G.A. for the State and perused the record.
The accused-appellants namely Kumari Lakshmi, Smt. Ganga Deie and Lakhan Ram have been convicted and sentenced by judgment and order dated 22.1.2019 passed by IInd Additional District & Sessions Judge/Special Judge, SC/ST Act, Badaun for the offence under Section 498-A IPC for ten years rigorous imprisonment and fine of Rs.3,000/- and for the offence under Section 304-B IPC, for three years rigorous imprisonment and fine of Rs.3,000/- each in S.T. Nos. 345 of 2014, 173 of 2014 and 173 of 2014 respectively arising out of Case Crime No.1334 of 2013 under Sections 498-A, 304-B, 201, 302/34 IPC, Section 3/4 D.P. Act, P.S. Civil Lines, District Badaun.
Submission of learned counsel for the appellants is that accused-appellants are sister-in-law, mother-in-law and father-in-law of the deceased and they were not living with the deceased and her husband. They have been falsely implicated in the alleged case of dowry death. Further submission is that body of the deceased was not put for any postmortem as funeral had already taken place before lodging of the FIR. The accused-appellants are in jail since 22.1.2019. They undertake that they will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer of bail.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicants-appellants, Kumari Lakshmi, Smt. Ganga Devi and Lakhan Ram be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial judge concerned in S.T. Nos. 345 of 2014, 173 of 2014 and 173 of 2014 respectively arising out of Case Crime No.1334 of 2013, under Sections 498-A, 304-B, 201, 302/34 IPC, Section 3/4 D.P. Act, P.S. Civil Lines, District Badaun.
Learned trial court is further directed to submit original papers keeping photostat copies thereof for record.
So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.
List the appeal for hearing in due course.
Order Date :- 11.4.2019
RCT/-
