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Ravi vs State Of U.P. on 7 January, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 42

Case :- CRIMINAL APPEAL No. – 34 of 2017

Appellant :- Ravi

Respondent :- State Of U.P.

Counsel for Appellant :- Anil Kumar Srivastava

Counsel for Respondent :- G.A.

Hon’ble Dr. Kaushal Jayendra Thaker,J.

(Criminal Misc. Bail Application No.1411 of 2017)

Heard Sri Anuj Bajpai, learned counsel for the appellant, learned A.G.A. for the State and perused the impugned judgment and order.

The instant criminal appeal has been filed against the judgment and order dated 3.12.2016 passed by learned Additional Sessions Judge, Court No. 3, Budaun in S.T. No.640/2015 (State Vs. Ravi Others), arising out of Case Crime No.415 of 2015, under Sections 304-B, 498A I.P.C. and Section 4 of Dowry Prohibition Act, Police Station – Binawar, District Jhansi.

Submission of the learned counsel for the appellant is that the appellant is wholly innocent and he has been falsely implicated in the present case. Lastly, it is contended that the appellant is in jail since long. There is no likelihood of early hearing of the appeal. Therefore, the appellant deserves to be released on bail during pendency of the appeal.

Learned A.G.A. has vehemently opposed the bail application but could not dispute the aforesaid submissions advanced by learned counsel for the appellant.

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone and the unlikelihood of early conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.

Accordingly, bail application is allowed.

Let the applicant-Ravi convicted and sentenced in the aforesaid sessions trial be released on bail during pendency of the appeal subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

The fine, if yet not deposited, be deposited within four weeks from today.

On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.

Call for record of Court below so as to reach this Court on or before 4.2.2019.

List on 8.2.2019 for final disposal of main matter.

Order Date :- 7.1.2019

Mukesh

 

 

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