Allahabad High Court
Akshay Pratap Singh vs State Of U.P. on 3 June, 2022
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL APPEAL No. - 3437 of 2022
Appellant :- Akshay Pratap Singh
Respondent :- State of U.P.
Counsel for Appellant :- Purushottam Dixit,Jitendra Kumar
Counsel for Respondent :- G.A.
Hon'ble Rajnish Kumar,J.
Heard learned counsel for the appellant and learned A.G.A.
Admit.
Summon the lower court record.
Ref:- (Crl. Misc. Bail Application No. 04 of 2022
This bail application of the appellant under Section 389(1) Cr.PC. has been moved in appeal preferred against the judgment and order dated 13.05.2022, passed by learned Additional District Judge, Fast Track Court No.1, Etawah, in S.T. No.269 of 2021 (State Vs. Madhu Singh and Another) arising out of Case Crime No.356 of 2020, under Sections- 498-A, 304-B, 302/34 I.P.C., and under Section 3/4 of D.P. Act, Police Station- Kotwali, District- Etawah, convicting and sentencing the appellant for 3 years rigorous imprisonment with fine of Rs. 50,000/- each, under Section 498-A I.P.C., and in default further rigorous imprisonment for six months, 2 years rigorous imprisonment with fine of Rs.10,000/- each, under Section 4 Dowry Prohibition Act, 1961 and in default the appellant to undergo for additional rigorous imprisonment of three months.
Learned counsel for the appellant submitted that the appellant has falsely been implicated in the case but the learned trial court convicted the appellant under Section 498 I.P.C. and Section 4 of D.P.Act, 1961 without considering that the PW-2, PW-3, PW-5 and PW-7 have turned hostile. The appellant is in jail since 10.08.2020. As such he has suffered incarceration for about one year and eight months whereas the maximum punishment awarded to the appellant under Section 498 I.P.C. is three years and all sentences are to run concurrently. There is no criminal history of the appellant therefore the appellant is entitled to be released on bail.
Learned A.G.A. though opposed the prayer for bail but could not contradict the submissions of learned counsel for the appellant and the period of incarceration. However, he submitted that the appeal may be heard finally at an early date.
Considering the submissions of learned counsel for the parties and evidence adduced before the trial court and its consideration by the trial court and the fact that most of the witnesses of fact have turned hostile and the period of incarceration in jail of the appellant according to which he has suffered more than 50 per cent of the punishment, the appellant is entitled to be released on bail during pendency of appeal.
Let the appellant- Akshay Pratap Singh convicted and sentenced in S.T. No.269 of 2021 (State Vs. Madhu Singh and Another) arising out of Case Crime No.356 of 2020, under Sections- 498-A, 304-B, 302/34 I.P.C., and under Section 3/4 of D.P. Act, Police Station- Kotwali, District- Etawah, be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the concerned court.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
The appellant shall deposit 1/4th per cent amount of the fine as awarded by the court below under the impugned judgement within a period of four weeks from the date of release from jail.
Subject to above, sentence shall remain suspended during pendency of appeal.
The appellant shall cooperate in expeditious disposal of this appeal.
List the appeal, at an early date, for hearing.
...................................................................(Rajnish Kumar, J.)
Order Date :- 3.6.2022
Haseen U.
