Harihar Prasad Gupta vs State of U.P.

Shri Kant Tripathi, J.—Both the appeals relate to the same sessions trial number, therefore, with the consent of counsels for the parties, the bail prayers of the Appellants Harihar Prasad Gupta and Hanuman Prasad Gupta are being disposed of by a common order.

Heard Mr. K.N. Raha holding brief on behalf of the Appellants Harihar Prasad Gupta and Hanuman Prasad Gupta and the learned A.G.A. for the State and perused the judgment and order of the lower court dated 13.2.2009, rendered by the Additional Sessions Judge, Court No. 5, Allahabad, in session trial No. 434/2008, whereby the Appellants have been convicted and sentenced under Sections 498A/304-B Indian Penal Code and Section 3/4 Dowry Prohibition Act.

Mr. K.N. Raha submitted that co-accused Udal Gupta and Smt. Saraswati Devi have been acquitted on merit, therefore, there was No. justification to convict the Appellants Hanuman Prasad Gupta (husband) and Harihar Prasad Gupta (father in law). It was next submitted that both the Appellants are in jail from December 2007, therefore, they have already served out more than three years nine months against the substantive sentence of seven years. As such the Appellants may be released on bail.

Learned AGA, on the other hand, submitted that according to the facts and circumstances of the case, it is a case of brutal killing of the deceased. Hyoid bone was fractured besides ante mortem burn injuries. The dead body was recovered from a box kept in the house of the Appellants.

Keeping in view the facts and circumstances of the case, gravity of the crime, complicity of the Appellants and the nature of evidence, I do not consider it proper to release the Appellants on bail.

The bail prayers of the Appellants Harihar Prasad Gupta and Hanuman Prasad Gupta are, therefore, rejected.

Office to prepare paper books and list on priority basis for final hearing, if possible, after three weeks.

Let the original copy of this order be kept on Criminal Appeal No. 1636/2009.