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Bablu And 2 Others vs State Of U.P. And Another on 13 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- CRIMINAL REVISION No. – 1031 of 2019

Revisionist :- Bablu And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Anuj Bajpai,Ashok Kumar Tripathi

Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi

Hon’ble Sanjay Kumar Singh,J.

Order on Criminal Misc. Bail Application No. 1 of 2019

Case called out in the revised list.

Learned counsel for the revisionists and learned Additional Government Advocate on behalf of the State are present, but Sri Vinay Kumar Tripathi, learned counsel for opposite party no.2 is not present.

This Criminal Revision under Section 397/Section401 Cr.P.C. has been filed against the judgment and order dated 20.02.2018 passed by learned Session Judge, Shahjahanpur in Criminal Appeal No. 64 of 2018 (SectionBablu others vs. State of U.P.), whereby the appeal has been dismissed and the judgement and order dated 4.8.2018 passed by learned Additional Judicial Magistrate IInd Shahjahanpur in Criminal Case No. 1232 of 2016 arising out of Case Crime No. 19 of 2014, under Sections 498A, Section323, Section504, Section506 I.P.C. Section 3/Section4 Dowry Prohibition Act, police station Mahila Thana, district Shahjahanpur, has been affirmed whereby the learned Magistrate has convicted and sentenced the accused-revisionists to undergo simple imprisonment of six months under Section 323 I.P.C., one year under Section 504 I.P.C., two years imprisonment under Sectionsection 506 I.P.C. with fine of Rs.500/-, imprisonment of three years and to pay fine of Rs.1,000/- for the offence under Section 498-A IPC, imprisonment of two years and to pay fine of Rs.2,000/- for the offence under Sectionsection 3/Section4 Dowry Prohibition Act and in case of default of payment of fine to further undergo imprisonment of six months.

Learned counsel for the revisionists submitted that revisionist no.1 Bablu, is husband of opposite party no.2. Co-accused Vindhyeshwari (mother-in-law) and Omkar (father-in-law) of opposite party no.2 have been granted bail by order dated 15.05.2019 by the coordinate Bench of this Court.

Learned counsel for the revisionists further submitted that maximum sentence awarded to the revisionists by the trial court is three years and the revisionist no.1 was also on bail during his trial as well as during pendency of his appeal before court below. It is pointed out that revisionist no.1 is in jail pursuant to judgement and order dated 20.02.2018.

Learned counsel for the revisionists next submitted that due to heavy pendency of cases before this Court, this revision is not likely to be heard in near future and in case the bail is not granted, this revision is likely to become infructuous.

Learned Additional Government opposed the prayer for bail.

Let the Revisionist no.1- Bablu, convicted and sentenced by order dated 4.8.2018 passed by learned Additional Judicial Magistrate IInd Shahjahanpur in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned during the pendency of criminal revision before this Court.

Order on Criminal Revision

Record of the trial court has been received.

List this case after one month for final hearing.

Order Date :- 13.11.2019

SKD

 

 

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