Allowed

Sageer v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Allahabad HC9 Dec 2024CRLA/1412/2024

Case brief

AI extract

What is this about?

Appellant convicted under sections 498A, 304B, 316 IPC and Section 4 Dowry Prohibition Act sought bail during appeal. Court noted he was a distant relative facing only general dowry allegations, no prior complaint of harassment, and had not misused prior bail. Bail granted with conditions including fine deposit and non-indulgence in crime.

What did the court decide?

Appellant released on bail on personal bond with two sureties, subject to conditions: deposit of whole fine within two months, cooperation in appeal disposal, no criminal activity.

Sageer vs State of U.P. Thru. Addl. Chief Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL APPEAL No. - 1412 of 2024

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Appellant :- Sageer Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Appellant :- Abhishek Shukla,Anil Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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1.Heard learned counsel for the appellant- applicant as well as learned A.G.A. and perused the record.

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2.Instant bail application has been moved by the appellant- applicant – Sageer, who is a convict of Session Trial No.32 of 2021, arising out of case crime no.305 of 2020, under section – 498 A, 304 B, 316 IPC and Section 4 Dowry Prohibition Act , police station – Katra Bazar, District - Gonda, praying to release him on bail during pendency of instant appeal.

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3.Learned counsel for the appellant-applicant submits that there is general allegation of dowry demand levelled against the appellant. He is son in law of the uncle of the deceased, a distant relative.

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4.It has been submitted that even in the statement before the learned trial court PW-1 the father of the deceased has levelled general allegations and none has seen the incident. The case of the appellant is distinguishable to the case of the husband who is a distant relative and not a family member of the in laws. There was no complaint lodged by either deceased or her family members regarding dowry demand or any harassment prior to lodging present case.

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5.It has been further submitted that the appellant was on bail during trial and did not misuse the liberty and he has no criminal history.

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6.Learned A.G.A. has opposed the prayer for bail and submitted that it is a case of dowry death and the appellant being relative is also involved in commission of the crime and, therefore, bail is liable to be rejected.

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7.Considering the overall arguments that deceased is distant relative and general allegation has been levelled against the appellant, we find force in the submissions made by the learned counsel for the appellant sufficient enough to exercise our discretion in favour of the appellants.

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8.In result, the bail application is allowed.

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Let appellant – applicant – Sageer, involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to the following conditions :-

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i. Whole of the fine is to be deposited by the applicant within two months.

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ii. The appellant shall cooperate in the early disposal of appeal without seeking unnecessary adjournment.

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iii.The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The trial court shall transmit the bail bonds submitted by the appellants to this Court, forthwith.

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(Order on memo of appeal)

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Office is directed to prepare the paper book.

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List this matter in the month of February, 2025.

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Order Date :- 9.12.2024 mks

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Sageer v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Case brief

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Sageer v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Case brief

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What did the court decide?

What the court decided

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