- (1.) Heard Sri P.N. Misra, Senior Advocate, assisted by Sri Apul Misra, learned counsel for the appellant Happy @ Arun learned A.G.A. for the State of U.P. and perused the lower court record.
(2.) In the present application, prayer for bail on behalf of the applicant Happy @ Arun is being pressed by the learned counsel for the appellant Dharam Prakash @ Babboo and Smt. Onkari have been released on bail by this court on 21.10.2010.
(3.) It is contended by the learned counsel for the appellants that the appellant has been convicted for the offence punishable under sections 304-B, 498-A, 201 I.P.C., section 4 of Dowry Prohibition Act, for two years R.I. with fine of Rs. 500/- under section 201 I.P.C. and for 1 year R.I. with fine of Rs. 500 under section 4 of D.P.Act. It is a case in which FIR has been lodged by Sri Yogindra Singh, Advocate, on 17.5.1997 at 7.15 p.m in respect of the incident allegedly occurred in the night of 16/17.5.1997 alleging therein that the marriage of the deceased Kalpana was solemnized on 12.12.1996 with the appellant Arun @ Happy, in the marriage of Rs. 51,000/- and other articles were given to her in laws, the appellants and others co-accused persons demanded Rs. 1 lakh from the first informant. In case, the aforesaid amount is not given to the deceased, the deceased would be killed. The first informant was apprised by the deceased that she was being subjected to cruelty to fulfil the above mentioned demand, ultimately in the night of 16/17.5.1997, the deceased was killed and cremation of the dead body was done, it is a case in which the deceased have died due to her in laws, its information was given to the first informant and his family members ,in defence. D.W. 1 Dr. Raj Pal Singh has been examined who had provided medical aid to the deceased at P.H.C. Saidpur district Bulandshshar. He had issued medical certificate also, maximum sentence of 7 years has been awarded. The appellant is in jail from the date of his conviction. during the pendency of the trial, he had remained in Jail, at present, half of the sentence awarded by the trial court has been served by him, he is not having any criminal antecedents, therefore, he may be released on bail.;