Pradeep Kumar And Another vs State Of U.P.
2023 Latest Caselaw 12864 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL APPEAL No. - 10031 of 2022
 

 
Appellant :- Pradeep Kumar And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Mohd. Naushad Siddiqui,Bipin Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Order on Criminal Misc. Bail Application

The instant bail application have been filed by applicants-appellants pending appeal against the judgement and order dated 21.11.2022 passed by Additional Sessions Judge/ F.T.C. Ist Hamirpur in Sessions Trial No. 216 of 2014 arising out of Case Crime No.943 of 2014( State Vs. Sandeep Kumar and others ) whereby the learned Additional Sessions Judge has convicted the accused-appellants under Sections 498A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kurara, District Hamirpur. Accused-appellants, Pradeep Kumar and Jageshwar, were convicted and sentenced under Section 304-B of I.P.C. for seven years each rigorous imprisonment with fine of Rs.8,000/- each and one year additional imprisonment in case of default in payment of fine. Under section 498A of IPC, they were sentenced for three years rigorous imprisonment each with fine of Rs.5,000/- each and in case of default in payment of fine further to undergo six months additional imprisonment. He was also convicted and sentenced under Section 4 of Dowry Prohibition Act and was sentenced to undergo rigorous imprisonment for two years with fine of Rs.1000/-each and in case of default in payment of fine further to undergo six months additional imprisonment.

Learned counsel for the appellant has submitted that there is a lot of contradiction and variation in the prosecution sotry and the evidence of the prosecution witnesses even then on the basis of conjuncture and surmises the learned Court below has illegally and in a cryptic manner convicted the appellant. Learned counsel for the appellant has further submitted that the sentence which has been awarded by the learned trial court is not at all confirmed from the evidence available on record as such the impugned judgment and order passed by the learned trial court is bad in the eyes of law and liable to be set aside.

All the witnesses of fact have turned hostile. The marriage was solemnized on 25.4.2012. It was the accused who had taken the deceased to the hospital who died during treatment.

Let accused-appellants, Pradeep Kumar and Jageshwar, convicted and sentenced in the aforesaid Sessions Trial be released on bail during the pendency of the appeal subject to their furnishing personal bonds and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions :-

(i) The appellants shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.

(ii)) The appellants shall not leave India without permission of this Court.

(iii) The appellants shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of their bail.

(iv) Fine shall remain stayed.

As far as sentence is concerned, the same shall remain suspended during pendency of the appeal.

Order on Appeal

List the matter when its turn comes.

Order Date :- 26.4.2023

Mukesh