Ramkesh And 3 Others vs State Of U.P.
2019 Latest Caselaw 3300 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 4262 of 2018
 

 
Appellant :- Ramkesh And 3 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Sanjay Shukla
 
Counsel for Respondent :- G.A.,J.P. Pandey
 

 
Hon'ble Pradeep Kumar Srivastava,J.

(Order on Criminal Misc. Bail Application No. 01 of 2018)

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

By judgment and order dated 26.7.2018 passed by learned Additional Sessions Judge/Special Judge (U.P.S.E.B.), Gorakhpur, accused-appellant no. 1-Ram Kesh has been convicted and sentenced for the offence under section 498-A IPC, for two years imprisonment and Rs.1,000/- as fine and for the offence under section 306 IPC, for seven years rigorous imprisonment and Rs.4,000/- as fine in S.T. No. 312 of 2012 arising out of Case Crime No. 123 of 2011, under Sections 498-A and 306 IPC, P.S. Kampiarganj, District Gorakhpur.

Learned A.G.A. as well as Sri J.P. Pandey, learned counsel for the complainant have strongly opposed the prayer of bail contending that learned trial court after due appreciation of evidence on record has rightly convicted the accused-appellant and has awarded adequate sentence.

On the contrary, learned counsel for the accused-appellant has submitted that other three accused persons convicted in this case having similar role, have already been released on bail. He has also submitted that it was a case of suicide as there was no allegation with regard to ill treatment and harassment for non fulfilment of dowry. He has also submitted that from perusal of statement of witnesses, it is clear that no case was made out against the accused-appellant and he was wrongly convicted. The accused-appellant was on bail during trial and he never misused the liberty of bail. The accused-appellant also undertakes that he will not misuse the liberty of bail, if granted.

Considering the fact that there was no demand of dowry and it was a clear cut case of prosecution that the deceased committed suicide and also that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a fit case for bail during pendency of appeal.

Let the appellant no. 1-Ramkesh convicted in Sessions Trial No.312 of 2012 arising out of Case Crime No. 123 of 2011, under Sections 498-A and 306 IPC, P.S. Kampiarganj, District Gorakhpur, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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.

As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.

List the appeal for hearing in due course.

Order Date :- 22.4.2019

RCT/-