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Awadhesh Awasthi vs State Of U.P on 30 May, 2017


?Court No. – 15

Case :- CRIMINAL APPEAL No. – 679 of 2016

Appellant :- Awadhesh Awasthi

Respondent :- State Of U.P

Counsel for Appellant :- Alok Kumar Srivastava,Smriti,Suresh Chandra Srivastava

Counsel for Respondent :- Govt. Advocate

Hon’ble Dr. Kaushal Jayendra Thaker,J.

(In Re : Criminal Misc. Bail Application No. 59035 of 2017)

1.  This is a short term bail application moved on behalf of applicant Awadhesh Awasthi in case crime No.304/2013 (S.T. No.611/2013), under Section 498A, 304B IPC and Section 4 of Dowry Prohibition Act,  and additional Section 302/34 IPC , Police Station – Sandila, District Hardoi .

2.  Heard Smt. Smriti, learned counsel for the appellant, learned A.G.A. and perused the material available on record.

3.  This is an application seeking short term bail of the appellant on the ground of performing  Terhi programme of his father who has passed away on 20.5.2017. He further submits that for the purpose of performing the said Terhi programme, the appellant may be permitted to perform the said Terhi programme at least for one month. In support of her contention she referred Annexure no.1 to the affidavit filed in support of the short term bail application, which is a original and photostat copies of the death certificate. He further submits that appellant is elder brother of his son.

4.  In view of the aforesaid, the prayer of the learned counsel for the appellant for grant of parole is allowed.

5.  Allowing the application, short term bail for thirty days’ i.e. 30th May, 2017 to 28th June, 2017 is granted to the above named appellant on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Court concern. The appellant shall surrender before the C.J.M., Hardoi immediately after availing the period of short term bail and shall submit surrender certificate before this Court.

6.  List on  15.7.2017.

7.  Let a certified copy of this order be issued to the learned counsel for the applicant within 24 hours .

8.  Copy of this order be sent to concerned Jail Authority for releasing the appellant immediately.

Order Date :- 30.5.2017/Mukesh



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