Ajay Kumar vs State Of U.P.
2021 Latest Caselaw 2815 ALL

Citation : 2021 Latest Caselaw 2815 ALL
Judgement Date : 22 February, 2021

Allahabad High Court

Ajay Kumar vs State Of U.P. on 22 February, 2021

Bench: Subhash Chand




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- CRIMINAL APPEAL No. - 3694 of 2019
 

 
Appellant :- Ajay Kumar
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Sunil Kumar Tiwari,Vipin Kumar,Vishal Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Subhash Chand,J.

(Criminal Misc. Bail Application No. 1 of 2019)

Heard learned counsel for the appellant and learned A.G.A for the State and perused the material brought on record.

The maximum sentence awarded for the offence under Section 306 I.P.C is 5 years.

The learned counsel for the appellant has submitted that the impugned judgment of conviction and sentence is based on perverse and illegal finding and learned trial court has not appreciated the evidence on record in proper perspective. It is also further submitted that the appellant was not present at the place of occurrence on the alleged date. In this regard the Investigating Officer has also stated in his statement that as per C.D.R, the appellant was out of station. Moreover, the learned trial court also held that deceased was never subjected to cruelty and the sole ground for conviction of the appellant is negligence in careing the deceased who was ill; as a result of the same she committed suicide. The appellant has serve out a period of 18 months in jail and he was on bail during bail and never misuse the liberty of bail.

Learned A.G.A opposed the contentions made by the learned counsel for the appellant.

In view of the submissions made and finding recorded by the learned trial court and also keeping in view the fact that the appeal is not likely to be heard in near future, I find it a fit case for bail.

Let appellants/applicant Ajay Kumar be released on bail in Sessions Trial No. 726 of 2012 arising out of Case Crime No. 229 of 2011, under Section 306 I.P.C, P.S Jansath, District Muzaffarnagar, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

However, realization of fine is not stayed. The appellant is directed to deposit the amount of fine as has been imposed by the trial court within a period of one month from the date of his actual release from jail.

Order Date :- 22.2.2021