Avadhesh Kumar vs State of U.P. Thru. Secy. Home Lko.

1.Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record on the short term bail filed on behalf of the applicant/appellant- Avadhesh Kumar.

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Criminal Appeal under section 374(2) Cr. P.C. /415(2) B.N.S.S. against the judgment/order dated 06.03.2026 passed by Mr. Ram Vilas Singh H.J.S. /Additional Session Judge First Ambedkar Nagar, in S.T. No. 118/2015 "State of U.P. Vs Dhanauti Devi and another" arising out of the case crime No. 83/2014 Under section 304,323,504,506 I.P.C. Police Station Jahangir Ganj, District Ambedkar Nagar - whereby the convicting the Appellant under section 304 I.P.C. and sentencing him to undergo simple imprisonment for 10 years and also imposed a fine of Rs. 5,000 and in the default of payment of fine 2 months additional simple imprisonment and further convicted under section 323 I.P.C. for one Year simple imprisonment with fine of Rs. 1,000 and in default of payment of fine 10 days additional imprisonment and further convicted under section 504 I.P.C. for one Year simple imprisonment with fine of Rs. 1,000 and in default of payment of fine 10 days additional imprisonment, and further convicted under section 506 I.P.C. for two Year simple imprisonment with fine of Rs. 2,000 and in default of payment of fine 15 days additional imprisonment.

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CRLA No. 857 of 2026

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An application for a short-term bail application has been filed by the applicant/appellant- Avadhesh Kumar on the ground that the marriage of his younger brother is fixed on 08.05.2026 as the father of the appdllant is nor more and he is the head of the family to perform the marriage of his younger brother, therefore, he may be released on short term bail for arrangements and to participate in the marriage of his brother.

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The learned AGA submitted that the factum of marriage of brother of the appellant which is fixed on 08.05.2026 has been verified from the police station concerned. He raised no objection for releasing the applicant/ appellant on short term bail on account of marriage of his brother.

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Considering the rival submissions of learned counsel for the parties and the grounds taken in the application for short term bail, it is directed that the applicant/appellant- Avadhesh Kumar be released on short-term bail for a period of one week from 04.05.2026 to 10.05.2026 to enable him to participate the marriage of his brother on execution of personal bond of Rs.20,000/- and two sureties each in the like amount, to the satisfaction of the trial court concerned.

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The appellant will surrender before the court on 11.05.2026 forenoon from where he will be sent to jail custody to serve out the sentence.

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Let a copy of this order be provided to the court concerned for onward transmission to the Superintendent of the Jail concerned and the Superintendent of Police, Amedkar Nagar.

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The concerned SHO shall keep strict vigilance over the movement of the appellant/applicant during the period of stay and shall depute a police personnel to guard the appellant.

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The learned A.G.A. shall also do the needful in the matter.

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The short-term bail application is disposed of .

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List the appeal on 06.07.2026.

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The court below concerned shall submit a compliance report

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CRLA No. 857 of 2026

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regarding surrender of the appellant after expiry of period of short term bail to this Court.

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Let a certified copy of this order be given to learned counsel for the appellant on payment of usual charges today.

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(Ram Manohar Narayan Mishra,J.)

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May 1, 2026

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dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Avadhesh Kumar v. State of U.P. Thru. Secy. Home Lko.

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Avadhesh Kumar v. State of U.P. Thru. Secy. Home Lko.

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