Allahabad High Court
Beili Devi vs State Of U.P. on 20 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 2963 of 2019
Appellant :- Beili Devi
Respondent :- State Of U.P.
Counsel for Appellant :- Narendra Nath Tripathi
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Rejoinder affidavit filed today by learned counsel for the accused-appellant is taken on record.
Heard 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 26.2.2019 passed by learned Additional Sessions Judge/F.T.C.-II, Kushinagar at Padrauna, the accused appellant has been convicted in S.T. No. 316 of 2015, arising out of Case Crime No. 02 of 2015, P.S. Trya Sujan, District Kushi Nagar and sentenced for the offence under section 304-B IPC, for seven years rigorous imprisonment, for the offence under section 4 D.P. Act, for two years simple imprisonment and fine of Rs.5,000/- and in case of default of fine, further six months additional imprisonment.
Submission of learned counsel for the accused-appellant is that all the prosecution witnesses were declared hostile and on the basis of one witness who deposed before the court below that since there was some demand of dowry, the accused-appellant who is mother-in-law of the deceased, has been convicted. There is only general allegation of demand of dowry against the accused-appellant and no specific allegation has been made regarding demand of dowry. The accused-appellant is in jail since 26.2.2019. She undertakes that she 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, nature of accusation against 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-Beili Devi convicted in Sessions Trial No. 316 of 2015, arising out of Case Crime No. 02 of 2015, under Sections 304-B IPC and Section 3/4 D.P. Act, P.S. Tarya Sujan, District Kushi Nagar, 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 :- 20.5.2019
RCT/-
