Mohit Gautam vs State Of U.P.
2019 Latest Caselaw 3362 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 7105 of 2018
 

 
Appellant :- Mohit Gautam
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Mangla Prasad Rai
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

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

By judgment and order dated 15.11.2018 passed by the learned Additional District & Sessions Judge, Court No. 7, Ghaziabad, the accused-appellant has been convicted and sentenced for the offence under section 498-A IPC, for three years imprisonment and fine of Rs.5,000/-, for the offence under section 306 IPC, for seven years imprisonment and fine of Rs.10,000/- and under Section 4 D.P. Act, for one year imprisonment and fine of Rs.2,000/- in S.T. N. 758 of 2015, arising out of Case Crime No. 45 of 2015, under Sections 498-A, 306 IPC and Section 4 D.P. Act, P.S. Vijay Nagar, District Ghaziabad.

Submission of learned counsel for the appellant is that in the statements given by P.W. 1 and P.W. 2, it has come that till death of the deceased none of the accused persons ever demanded any dowry nor the deceased ever told to her parents with regard to demand of such dowry. Further submission is that the deceased never told that on account of non fulfillment of any dowry, the accused persons used to harass or ill treated her. Further submission is that the case under section 306 IPC has not been established by the prosecution and there is ample possibility that accused-appellant may get success in appeal. Further submission is that co-accused Satish Chand Gautam and Smt. Pushpa have been granted bail by orders dated 11.12.2018 and 11.12.2018 in Criminal Appeal No. 6895 of 2018 and Criminal Appeal No. 7134 of 2018 respectively and on the basis of this, present accused appellant is also entitled for bail. Accused-appellant is languishing in jail for the last about four years. He undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record.

Considering the facts and circumstances of the case and that there was no demand of dowry from the side of the accused-appellant 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 case for bail during pendency of appeal.

Let the appellant-Mohit Gautam convicted in Sessions Trial No. 758 of 2015, arising out of Case Crime No. 45 of 2015, under Sections 498-A, 306 IPC and Section 4 D.P. Act, P.S. Vijay Nagar, District Ghaziabad, 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 :- 23.4.2019

RCT/-