Court No. - 4

Case :- CRIMINAL APPEAL No. - 3853 of 2017

Appellant :- Lal Singh And Anr.

Respondent :- State Of U.P.

Counsel for Appellant :- Gaurav Singh Tomar,Subhash Gosain,Surendra

Singh

Counsel for Respondent :- G.A.

Hon'ble Bala Krishna Narayana,J.

Hon'ble Arvind Kumar Mishra-I,J.

In Re: Criminal Misc. (Second) Bail Application No.6 of 2018

Heard learned counsel for the applicant/appellant no.1, Lal

Singh and learned A.G.A. for the State.

By means of this application, the applicant/appellant no. 1, Lal

Singh who has been convicted in Sessions Trial No. 51 of

2013(State Vs. Mohar Singh and others) arising out of Case

Crime No. 1281 of 2012, under Sections 498A, 304B, 302/34

I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, P.S.-

Jalaun, District- Jalaun, is seeking short term bail.

The application is supported by an affidavit of one Daulat

Singh, son-in-law of the applicant no.1.

Learned counsel for the appellant/applicant submitted that this

is the second bail application moved on behalf of the accused-

appellant no.1, Lal Singh in Criminal Appeal No.3583 of 2017.

The first bail application of the applicant Lal Singh (A1) was

rejected by another Bench of this Court consisting of one of us

(Bala Krishna Narayana, J.) and Hon'ble Ravindra Nath Kakkar,

J. as His Lordship then was. The only ground which has been

raised by the learned counsel for the applicant before us in

support of enlarging the applicant Lal Singh (A1) on bail is that

he is suffering from blood cancer and advanced treatment of the

disease in Tata Hospital is imperative.

Certain prescriptions and pathological reports of applicant Lal

Singh (A1) have been brought on record upon perusal whereof,

the contention of learned counsel for the applicant appears to be

prima facie correct. However, instead of granting regular bail to

the applicant Lal Singh, we are of the view that he may be

granted short-term bail for pursuing his treatment in Tata

Cancer Institute.

Per contra learned A.G.A. has opposed the prayer for bail.

However, he does not dispute the fact that applicant/appellant

no.1 Lal Singh (A1) is suffering from blood cancer.

Let the applicant Lal Singh (A1) convicted in Sessions Trial

No. 51 of 2013(State Vs. Mohar Singh and others) arising out

of Case Crime No. 1281 of 2012, under Sections 498A, 304B,

302/34 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961,

P.S.- Jalaun, District- Jalaun, be released on short term bail on

his furnishing one personal bond and two sureties in the like

amount to the satisfaction of the concerned magistrate.

The applicant Lal Singh (A1) shall positively surrender before

concerned Magistrate on the expiry of the period of three

months from the date of his actual release.

Copy of this order shall be provided to learned counsel for the

applicant/appellant within 24 hours.

Order Date :- 2.8.2019

Shalini