Allahabad High Court
Gaurav Tiwari Alias Veeru vs State Of U.P. Thru. Prin. Secy. ... on 28 April, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 850 of 2022
Appellant :- Gaurav Tiwari Alias Veeru
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko.
Counsel for Appellant :- Avanindra Singh Parihar,Avanish Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
(Crl. Misc. Application No. 1 of 2022)
Heard learned counsel for the applicant-appellant, learned A.G.A. for the State, learned counsel for the complainant and perused the material brought on record.
Objection filed by the learned counsel for the complainant is taken on record. Photocopy/typed copy of the statements of witnesses provided by the learned counsel for the applicant is also taken on record.
This application for bail has been moved in the aforesaid criminal appeal arising out of Sessions Trial No. 434 of 2015 relating to Case Crime No. 246 of 2014, under Sections 304-B, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Tal Katora, District Lucknow.
Learned counsel for the appellant-applicant submits that the marriage of the applicant was solemnized with the daughter of the informant and they were enjoying their matrimonial life. However, thereafter she committed suicide by hanging. It is vehemently submitted that the trial court also observed that it is a case of suicide. It is further submitted that P.W. 1 and P.W. 2, in his deposition, stated that Rs.50,000/- was given to the applicant in the month of July, 2014, however, they admitted that this fact was neither mentioned in the F.I.R. nor in their statements recorded under Section 161 Cr.P.C. It is also submitted that prosecution witnesses also failed to give any reason that as to why they did not disclose this fact during the course of investigation to the Investigating Officer. Submission of the learned counsel for the applicant-appellant is that these facts were not appreciated by the trial court in correct perspective and convicted the appellant. It is also submitted that appellant is having confidence that his appeal will be succeeded, but there is no possibility in near future for the final hearing of the present appeal. Learned counsel for the appellant lastly submits that during trial, appellant was on bail and had never misused the liberty of the bail granted by the court below and, therefore, the applicant-appellant, who is in jail since 06.04.2022, is entitled for bail.
Learned A.G.A. as well as learned counsel for respondent no. 2 vehemently oppose the prayer for bail and submit that the court below has passed the impugned order after considering the evidence placed before it at the time of trial and there is no illegality in the same. It is further submitted that deceased died within seven years of marriage. It is also submitted that she committed suicide as she was being victimized for demand of dowry and Rs.50,000/- was also given by her family members to the applicant. However, they do not dispute the fact that in their deposition, all the witnesses of fact, i.e., P.W. 1 and P.W. 2, they did not deny the fact that neither in the F.I.R. nor in their statement recorded under Section 161 Cr.P.C. during the course of investigation, this fact was mentioned. Learned counsel for the respondents also do not dispute the fact that appellant-applicant was on bail during the course of trial.
Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., learned counsel for the complainant and going through the lower court record and the judgment of the court below dated 06.04.2022, it is evident that appellant was on bail during the course of trial. In such circumstances, this Court is of the view that it would not be appropriate to languish the applicant-appellant in jail till the outcome of the instant appeal.
Hence, prima facie, case for bail is made out, at this stage.
Accordingly, the application for bail is allowed.
Let the applicant-appellant, namely, Gaurav Tiwari Alias Veeru involved in Sessions Trial No. 434 of 2015 (supra) be released on bail on his furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions;
(i) The appellant-applicant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.
(ii) The appellant-applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is further directed that the appellant shall deposit the fine amount awarded to the him within two months from the date of release.
Order Date :- 28.4.2022
VKS
