Disposed

Rajesh Kumar Yadav v. State of U.P.

Allahabad HC27 Jan 2025CRLA/736/2025

Case brief

AI extract

What is this about?

Conviction appeal under dowry death provisions; suspension of sentence sought on grounds of long confinement of about eleven years and no criminal history. Court relied on Saudan Singh and released the appellant on bail with conditions, staying realisation of half the fine.

What did the court decide?

Sentence suspended; appellant released on bail on personal bond of Rs. 50,000 and two sureties in like amount; 50% fine realisation stayed.

Rajesh Kumar Yadav vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

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Court No. - 45 Case :- CRIMINAL APPEAL No. - 736 of 2025 Appellant :- Rajesh Kumar Yadav Respondent :- State of U.P. Counsel for Appellant :- Manik Chandra Yadav Counsel for Respondent :- G.A. Hon'ble Saumitra Dayal Singh,J. Hon'ble Sandeep Jain,J. Re: C.M. Suspension of Sentence Application No.1 of 2025

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Objection filed by the State is taken on record.

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Heard Shri Manik Chandra Yadav, learned counsel for the appellant and Shri Virendra Kumar Pal, learned A.G.A. for the State.

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The suspension of sentence application has been filed on behalf of the appellant - Rajesh Kumar Yadav with a prayer to suspend the sentence and to release him on bail in Sessions Trial No.698 of 2014 (State vs. Rajesh Kumar Yadav and another), arising out of Case Crime No.56 of 2014, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Soraon, District Prayagraj.

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Submission is, occurrence was caused completely otherwise. In that regard, reference has been made to certain material produced at the trial. Apart from that, it has been submitted, no credible material exists to establish that the death was caused by the appellant in the specific manner described by the prosecution. The recoveries have also not been made. Last, it is further submitted that the appellant has no criminal history and he has remained confined for about 11 years. The appeal is of the year 2025 and it would take years to mature for hearing. Therefore, the appellant may be enlarged on bail.

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On the other hand, learned A.G.A. has opposed the bail

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application. He would submit, all submissions being advanced by learned counsel for the appellant would remain to be tested at the stage of final hearing.

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Having heard learned counsel for the parties and having perused the record, without making any observation as may affect the final merits of the appeal, keeping in mind the principle of law laid down by the Supreme Court in the case of Saudan Singh vs. State of U.P., (2023) 17 SCC 446 , at present it does appear that the appellant is entitled for bail as he has remained confined for about 11 years though he has no criminal history. The appeal will take years to mature for hearing. In absence of any criminal history, the appellant has become entitled to bail, at this stage.

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In view of the above, let the appellant- Rajesh Kumar Yadav convicted and sentenced in above mentioned Sessions Trial be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the Court concerned. On acceptance of bail bond and personal bond, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record.

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Realization of 50% fine shall remain stayed during the pendency of present appeal. Remaining 50% of fine shall be deposited by the appellant- Rajesh Kumar Yadav within a month of his release.

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Order on Appeal

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Let paper-book be prepared within a period of two months. 10. List for hearing in ordinary course.

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Order Date :- 15.5.2025 Jitendra

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(Sandeep Jain,J.) (S. D. Singh,J.)

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Rajesh Kumar Yadav v. State of U.P.

Case brief

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Rajesh Kumar Yadav v. State of U.P.

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