Allowed

Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC8 Jul 2024CRLR/765/2024

Case brief

AI extract

What is this about?

In a criminal revision arising from a case under Sections 498-A and 4 of Dowry Prohibition Act, the High Court held that the appellant is entitled to bail during the pendency of the appeal, finding the prima facie case established. Bail was allowed on a personal bond with sureties.

What did the court decide?

Application for bail allowed. Appellant released on personal bond of Rs. 25,000/- with two sureties in like amount upon deposit of fine and compliance of conditions.

Pawan Kumar vs State of U.P. Thru. Prin. Secy. Home Lko… — Bail and Remand | Allahabad HC (2024)

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Court No. - 11

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Case :- CRIMINAL REVISION No. - 765 of 2024

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Revisionist :- Pawan Kumar

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Revisionist :- Satya Prakash Mishra,Satya Prakash Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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(On revision)

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Heard learned counsel for the revisionist and learned A.G.A. for the State.

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Admit.

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Summon the trial court record.

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List after eight weeks.

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(On C.M. Application No.1 of 2024)

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This application under Section Section 430 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved in the instant criminal revision arising out of Criminal Case No. 1260 of 2023 under Sections 498-A, 504, 323, I.P.C read with Section 4 of Dowry Prohibition Act, P.S. Bighapur, District Unnao.

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6. Learned counsel for the appellant submits that appellant was falsely implicated in the present case. He further submits that during trial, appellant was on bail and he did not misuse the liberty of bail. He further submits that trial court failed to appreciate the evidence deposed by the prosecution witnesses in the correct prospective. He further submits that there is no possibility of conclusion of the appeal in near future, hence, the appellant is entitled for bail.

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7. Learned A.G.A. opposes the prayer for bail and submits that conviction of the appellant is on the basis of evidence on record.

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8. Having heard the submission made by learned counsel for

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the appellant as well as learned A.G.A and perused the material brought on record, this Court is of the view that appellant is entitled to be released on bail during the pendency of criminal appeal before this Court.

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9. Hence, prima facie, case for bail is made out, at this stage.

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10. Accordingly, the application for bail is allowed.

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11. Let the appellant involved in aforesaid case be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties in the like amount subject to following conditions:-

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(i) Fine imposed by the trial court shall be deposited by the appellant at the time of his release.

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(ii) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

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(iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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

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Order Date :- 8.7.2024 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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