Allahabad High Court
Narendra Kumar Shukla vs State Of U.P. on 28 April, 2023
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL APPEAL No. - 8618 of 2022
Appellant :- Narendra Kumar Shukla
Respondent :- State of U.P.
Counsel for Appellant :- Sudhir Mehrotra,Dhirendra Kumar Agrahari
Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the appellant and the learned counsel for State.
Present bail application has been filed by the accused-appellant pending appeal who has been convicted and sentenced in S.T. No.80 of 1999 (State vs. Narendra Kumar Shukla), arising out of Case Crime No.294 of 1998, under Section 498A, 306 IPC and 3/4 Dowry Prohibition Act, Police Station Sajeti, District Kanpur Nagar vide judgment and order dated 15.9.2022 passed by Additional Sessions Judge, Court No.1, Kanpur Dehat. Accused-appellant, Narendra Kumar Shukla, was convicted and sentenced under Section 306 of I.P.C. for ten years rigorous imprisonment with fine of Rs.20,000/- and six months additional imprisonment in case of default in payment of fine. Under section 498A of IPC, he was sentenced for three years rigorous imprisonment with fine of Rs.3,000/- and in case of default in payment of fine further to undergo two months additional imprisonment. He was convicted and sentenced under Section 3 of Dowry Prohibition Act and was sentenced to undergo rigorous imprisonment for five years with fine of Rs.15000/- and in case of default in payment of fine further to undergo five months additional imprisonment. He was also convicted and sentenced under Section 4 of Dowry Prohibition Act and was sentenced to undergo rigorous imprisonment for one year with fine of Rs.2000/- and in case of default in payment of fine further to undergo one month additional imprisonment
The incident occurred way back in the year 1999. The appellant is the husband and during his married life, the deceased committed what is known suicide. The accused was on bail during trial. Hence, prima facie, looking to the facts and circumstances of this case, the decision of Apex Court in Criminal Appeal No.308 of 2022 (Saudan Singh vs. State of U.P.) decided on 25.2.2022 and the fact that there is no possibility of early conclusion of the appeal as the paper book is not ready, we grant bail to the accused-appellant.
Let accused-appellant, Narendra Kumar Shukla, convicted and sentenced in the aforesaid Sessions Trial be released on bail during the pendency of the appeal subject to his furnishing personal bonds and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The appellant shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.
(ii)) The appellant shall not leave India without permission of this Court.
(iii) The appellant 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 :- 28.4.2023
Mukesh
