Allowed

Qumar Jahan v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC6 Aug 2024CRLA/2404/2024

Case brief

AI extract

What is this about?

In this criminal appeal against conviction under sections 304B IPC and 498A IPC (dowry death), the Allahabad High Court granted bail to the appellant, the mother-in-law. The court held she was entitled to release pending appeal upon furnishing a personal bond, two sureties, and depositing the fine within two weeks.

What did the court decide?

Appellant released on bail on furnishing a personal bond, two sureties each in equal amount, and depositing the fine within two weeks.

Qumar Jahan vs State of U.P. Thru. Prin. Secy. Home Lko — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 28

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Case :- CRIMINAL APPEAL No. - 2404 of 2024

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Appellant :- Qumar Jahan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Appellant :- Manoj Kumar Misra Counsel for Respondent :- G.A.

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Hon'ble Brij Raj Singh,J.

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Order on First Bail Application

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

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This Criminal Appeal U/S 415 B.N.S.S/ 374(2) Cr.P.C. has been filed against the Judgment and order dated 05.07.2024 passed by Learned Additional Sessions Judge/ Fast track Court No.1, Gonda, in S.T. No. 163/2018 State Vs. Mohd. Naeem and others arising out of Crime No..45/2018, whereby the appellant has been convicted and sentenced U/S 304B for a rigorous imprisonment of 10 years, and also U/S 498 A for 2 years with fine of Rs. 2000/- and in the default of payment of fine to further undergo imprisonment of 3 months and U/S 3 and 4 of dowry Prohibition Act, 1961 for one year imprisonment with fine of Rs. 1000/- and in the default of payment of fine, to further undergo 1 month imprisonment. However, all the sentences shall run concurrently.

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Learned counsel for the appellants submits that the appellant is mother-in-law and ten years maximum punishment has been awarded against the appellant by the trial court under section 304 B IPC. There is general allegation of dowry demand has been levelled in the statement of P.W.-1 Moharram Ali complainant and P.W.-2 /Smt. Nabul (mother of the deceased). He has submitted that deceased committed suicide by hanging and the postmortem report indicates that no injuries were found on the person of the deceased except ligature marks which was caused due to hanging. Learned counsel for the appellant has also submitted that D.W.-1 Rahmatul was examined and he deposed before the trial court that deceased wanted to marry some other person but she was forced to marry with her husband. He further deposed that economic condition of the husband of the family was not good and that is why she committed suicide. Learned counsel for the appellant has submitted

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that it is a case of suicide and the appellant being motherin-law has been falsely implicated in the present case.

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Learned A.G.A. opposes the prayer for bail and submits that conviction of the appellant is on the basis of evidence on record.

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Having heard the submission made by learned counsel for the appellant as well as learned A.G.A and perused the material brought on record, this Court is of the view that appellant is entitled to be released on bail during the pendency of criminal appeal before this Court.

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Accordingly, the application for bail is allowed.

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Let the appellant involved in aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to deposit the fine within two weeks from today with following conditions:-

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(i) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

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(ii) 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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As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

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Order Date :- 6.11.2024

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dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Qumar Jahan v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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Qumar Jahan v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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