Vijay Kashyap vs State Of Uttarakhand on 5 March, 2025

Uttarakhand High Court

Vijay Kashyap vs State Of Uttarakhand on 5 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL
  Second Short Term Bail Application No. 05 of
                    2025
                     In
       Criminal Appeal No. 574 of 2023

Vijay Kashyap                                     ......Appellant

                            Versus


State of Uttarakhand                            ....Respondent



Present:
           Mr. Rajat Mittal, Advocate for the appellant.
           Ms. Manisha Rana Singh, D.A.G. for the State.



Hon'ble Ravindra Maithani, J.(Oral)

Instant appeal is preferred against the judgment

and order dated 24.08.2023 passed in Sessions Trial No. 76

of 2014, State of Uttarakhand Vs. Vijay Kashayap, by the

court of First Additional Sessions Judge, Dehradun. By it,

the appellant has been acquitted of the charge under

Section 302 IPC, convicted under Sections 498A and 304B

IPC and sentenced as hereunder:-

(i) Under Section 498A IPC – to undergo

rigorous imprisonment for a period of three

years with a fine of Rs.30,000/-. In default

of payment of fine, to undergo simple

imprisonment for a further period of six

months.

2

(ii) Under Section 304B IPC- to undergo

rigorous imprisonment for a period of seven

years with a fine of Rs.5,000/-.

Heard on Second Short Term Bail Application

No. 5 of 2025

3. Appellant Vijay Kashyap seeks short term bail on

the ground that his nephew (bhanja) is to be married on

06.03.2025 and in that marriage, the appellant being a

Mama has some religious part to follow. There is no other

brother of the appellant.

4. It is a case of the appellant that he is the only

male member left in the family to perform pre-wedding

rituals likewise bhat etc.

5. Learned State counsel, under instruction,

confirms the factual narrations.

6. Having considered, without adverting to the

merits of the case, purely on humanitarian ground, this

Court is of the view that the appellant may be enlarged on

short term bail for a period of three days from the date of

his release.

3

7. Let the appellant be released on short term bail

for a period of three days from the date of his release,

subject to his furnishing a personal bond of Rs. 10,000/-

8. After expiry of the period of short term bail, the

appellant shall surrender before the court concerned and

an information shall be forwarded to this Court.

9. The second short term bail application is

allowed accordingly.

10. Let a copy of this order be supplied to learned

counsel for the parties, today itself, on payment of usual

charges. Let a copy of the order be also sent to the In-

charge Jail concerned.

(Ravindra Maithani, J.)
05.03.2025
Jitendra