Rohan Singh @ Tinku vs State Of U.P.
2019 Latest Caselaw 4301 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 2367 of 2017
 

 
Appellant :- Rohan Singh @ Tinku
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Om Shankar Mishra,Anand Pati Tiwari,O. S. Mishra ,Pushpendra Singh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard Sri Pushpendra Singh Yadav, learned counsel for the accused-appellant and learned A.G.A. for the State on bail application. Perused the record.

By the judgement and order dated 17.3.2017 passed by learned Additional Sessions Judge, FTC-I, Auraiya, the accused-appellant has been convicted in S.T. No. 40 of 2015, arising out of Case Crime No. 157 of 2014, P.S. Bela, District Auraiya and sentenced for the offence under section 304-B IPC, for eight years rigorous imprisonment, for the offence under section 498-A IPC, for two years rigorous imprisonment and fine of Rs.5,000/- and for the offence under section 4 Dowry Prohibition Act, for two years rigorous imprisonment and fine of Rs.5,000/-.

Submission of learned counsel for the accused-appellant is that appellant-applicant has been falsely implicated in this case. Further submission is that at the time of occurrence, there was a four years child with the deceased who is living with the family of in-laws. There is every hope of success in appeal. The accused-appellant is in jail since 17.10.2014. 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 rightly convicted and sentenced the accused appellant after appreciating evidence on record. However, he has not disputed that after incident four years child is living with the in-laws.

Considering the facts and circumstances of the case, the fact that after incident, four years child is living with the in-laws 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-Rohan Singh @ Tinku convicted in Sessions Trial No. 40 of 2015, arising out of Case Crime No. 157 of 2014, under Sections 498-A, 304-B IPC and Section 4 D.P. Act, P.S. Bela, District Auraiya, 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 :- 9.5.2019

RCT/-