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Umesh Singh Yadav & Others v. State Of U.P. - CRIMINAL APPEAL No. 3038 of 2007 [2007] RD-AH 11761 (11 July 2007)


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Hon'ble M. K. Mittal, J.

Appellan Umesh Singh Yadav has prayed for release on bail in criminal appeal no. 3038 of 2007 filed by him against the judgement and order 25.4.2007 passed by Sessions Judge, Ghazipur in S. T. No. 180 of 2003 whereby he  has been found guilty and convicted under Sections 304-B, 498-A IPC and Section 3/4 D. P. Act and has been sentenced to undergo rigorous imprisonment up to eight years and fine has also been imposed on him with default stipulation.

Heard learned counsel for the parties and perused the impugned judgement.

Contention of learned counsel for the appellant is that the deceased died a natural death. He has also contended that this fact was proved by D.W.-4 Dr. Ishtiyaq Husain who has treated the deceased. He has further contended that regarding the illness of deceased information was given to the complainant. She along with one other  person came to the house of the accused but by that time Subhawati Devi had died. However complainant  went back and came again next day as has been mentioned in the first information report. According to learned counsel for the appellant this shows that the complainant had no objection and did not complain regarding the death of her daughter. He has also contended that the investigating Officer has also stated that during investigation he had come to know that the funeral rites has been performed with the consent of both the sides.

Considering the facts and circumstances of the case but without prejudice to the merits of the case, appellant be released on bail, during the pendency of the appeal, on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned and also on depositing the amount of fine as imposed on him within a month from today and failing it his bail shall stand cancelled.

The appellant shall give an undertaking that during the pendency of the appeal, he shall not indulge in any criminal and antisocial activity and shall have good behaviour and shall not threaten the witnesses or their family members. In case any complaint is received, it shall be properly enquired into and report, if any, is made to this Court, the bail may be cancelled.

Dt: 11.7.2007



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