Allahabad High Court
Satya Narain And Another vs State Of U.P. on 3 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 7371 of 2017
Appellant :- Satya Narain And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Ali Hasan,Istiyaq Ali
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the accused-appellant no. 1-Satya Narain and learned A.G.A. for the State on bail application. Perused the record.
By the judgement and order dated 21.11.2017 passed by learned Additional Sessions Judge/F.T.C. Bhadohi at Gyanpur, the accused-appellant Satya Narain has been convicted in S.T. No. 175 of 2014, arising out of Case Crime No. 224 of 2014, P.S. Aurai, District Bhadohi and sentenced for the offence under section 304-B IPC, for seven years rigorous imprisonment, for the offence under section 498-A IPC, for three years rigorous imprisonment and for the offence under section 4 D.P. Act, for six months rigorous imprisonment, the fine has also been awarded.
Submission of learned counsel for the accused-appellant is that other co-accused persons have already been released on bail and this is the bail application of husband. Further submission is that this is a case of suicide as dead body of the deceased was recovered ultimately. Further submission is that accused appellant has been falsely implicated in this case as only general allegations of demand of dowry have been made against him. The accused-appellant is in jail since 27.7.2014. 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 very rightly convicted and sentenced the accused appellant after appreciating evidence on record.
Considering the facts and circumstances of the case and that other co-accused persons have already been released on bail and present accused-appellant is languishing in jail for the last six years 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 no. 1-Satya Narain convicted in Sessions Trial No. 175 of 2014, arising out of Case Crime No. 224 of 2014, under Sections 304-B, 498-A IPC and Section 4 D.P. Act, P.S. Aurai, District Bhadohi, 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 :- 3.5.2019
RCT/-
