Allahabad High Court
Akhilesh vs State Of U.P. on 25 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 3172 of 2018
Appellant :- Akhilesh
Respondent :- State Of U.P.
Counsel for Appellant :- Anand Priya Singh,Anurudh Kumar Prajapati
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the applellant-applicant and learned A.G.A. for the State on bail application.
By the judgement and order dated 12.4.2018 passed by learned Additional Sessions Judge/F.T.C.-1, Hamirpur, the accused-appellant has been convicted and sentenced for the offence under section 498-A IPC, three years imprisonment and fine of Rs.3,000/-, for the offence under section 304-B IPC, seven years imprisonment and Rs.15,000/- as fine, and for the offence under section 4 Dowry Prohibition Act, one year imprisonment and fine of Rs.2,000/- in S.T. No. 75 of 2017, arising out of Case Crime No. 74 of 2017, under Sections 498-A, 304-B IPC and Section 4 D.P. Act, P.S. Sumerpur, District Hamirpur.
Submission of learned counsel for the accused-appellant is that from perusal of judgment itself it is clear that all the fact witnesses who were relatives of the deceased have turned hostile. Further submission is that on conjectures and surmises, the conviction was recorded and only on the basis of presumption, the accused-appellant was convicted. Further submission is that accused-appellant is in jail for the last more than two 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 accused-appellant being husband of the deceased, learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record and no leniency so far as bail is concerned may be adopted.
Considering unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage, 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-Akhilesh convicted in S.T. No. 75 of 2017, arising out of Case Crime No. 74 of 2017, under Sections 498-A, 304-B IPC and Section 4 D.P. Act, P.S. Sumerpur, District Hamirpur, 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 :- 25.4.2019
RCT/-
