Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 2026 (ALL)

Mukesh @ Babloo Kushwaha v. State of U. P.

2015-07-21

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri Anil Srivastava, learned counsel for the appellants, Sri Ashok Kumar Yadav, learned A.G.A. for the State and perused the records. 2. This criminal appeal has been filed against the judgment and order dated 24.2.2015 passed by Additional Sessions Judge/F.T.C., Ghazipur in S.T. No. 351 of 2008 (State of U.P. vs. Mukesh and other) arising out of Case Crime No. 779 of 2008, police station Saidpur, District Ghazipur convicting the appellants for offence under Sections 304-B, 498-A I.P.C. & Section 3/4 D.P. Act and sentencing them to go rigorous imprisonment for 10 years with a fine of Rs. 20,000/- and in default of payment of fine further 3 months additional imprisonment. 3. It has been contended by the learned counsel for the appellants that the appellant no. 1 is husband of the deceased. The marriage between the appellant no. 1 and deceased was solemnized two years prior to the incident. He submits that the deceased had separated herself with the husband and gone to her parents house. He further submits that the deceased committed suicide by consuming some poisonous substances and her dead body was found on the road side. As per post mortem report there is no ante mortem injury found on the person of the deceased. The appellants were on bail during trial and have not misused the liberty of bail. The trial court has misread the evidence on record and convicted the appellants. The appeal is not likely to be heard in near future, hence unless the bail is granted, the appeal is likely to become infructuous. After conviction the appellants are in jail since 24.2.2015. 4. Learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellants, I am of the opinion that the appellants are entitled to be released on bail. 5. Let the appellants Mukesh @ Babloo Kushwaha, Awadhesh Kushwaha and Chandradev Kushwaha convicted and sentenced in the aforesaid case be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned. 6. On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostate copies thereof to this Court for being kept on record.