Allowed

Nitin v. State of U.P.

Allahabad HC5 Oct 2018CRLA/3778/2018

Case brief

AI extract

What is this about?

The single-judge bench dismissed a petition for status quo regarding bail but granted bail to the convicted appellant pending the hearing of his criminal appeal against conviction and sentence in a dowry-related case involving IPC sections 498A and 304B. The court directed the release on a personal bond and two sureties.

What did the court decide?

Appellant Nitin released on bail pending appeal on furnishing personal bond and two sureties.

Nitin Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL APPEAL No. - 3778 of 2018

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Appellant :- Nitin Respondent :- State Of U.P. Counsel for Appellant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Learned A.G.A. has filed counter affidavit, is taken on record.

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Heard learned counsel for the appellant and learned AGA appearing for the State.

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Admit.

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Summons the lower court record.

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List the matter after receipt of the lower court record for hearing.

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Order Date :- 5.10.2018 Abhishek

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Court No. - 55

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Case :- CRIMINAL APPEAL No. - 3778 of 2018

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Appellant :- Nitin Respondent :- State Of U.P. Counsel for Appellant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Ref: Criminal Misc. Bail Application No. Nil of 2018

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

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Appellant who is convict in S.T. No. 168 of 2017, arising out of Case Crime No. 272 of 2016, under Section 498A, 304B I.P.C. and Section 4 of D.P. Act, Police Station Eka, District Firozabad, has been sentenced with two years rigorous imprisonment under Section 498A I.P.C., with default/ stipulation of fine of Rs.5000/- and ten years rigorous imprisonment under Section 304B of I.P.C. and one year rigorous imprisonment under Section 4 of D.P. Act.

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The submission of learned counsel for the appellant is that finding of conviction recorded by the learned court below is bad in law as it is based on evidence which is not cogent and reliable. It is further submitted that the statement of the Defence Witness No. 1 Hardayal has stated that Nitin came to him Gungav before two months of the death of his wife. He went village after receiving the information about his wife. His wife insist him to go Gungav, but he did not do so because of his financial position. D.W.2- Arvind has also stated that Nitin was in Gungav on the day of incident. He has also submitted that learned court below has also failed to consider that ingredients of charge sections are not attracted against the applicant-appellant. It is further submitted that applicant-appellant is not a previous convict.

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Learned AGA has vehemently opposed the prayer.

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Upon hearing the submissions of learned counsel of the parties, perusing the record and considering the fact and

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circumstances of the case and also that appeal is not likely to be heard in near future, I deem proper to enlarge the appellant on bail during pendency of appeal.

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Let the applicant-appellant Nitin , be released on bail in S.T. No. 168 of 2017, arising out of Case Crime No. 272 of 2016, under Section 498A, 304B I.P.C. and Section 4 of D.P. Act, Police Station Eka, District Firozabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

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Order Date :- 5.10.2018 Abhishek

Nitin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nitin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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