Amit Pal vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

The instant Criminal Appeal under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile under Section 374(2) Cr.P.C.) has been preferred against the judgment and order dated 21.02.2025 passed by the Additional Sessions Judge/ Fast Track Court, Unnao in Session Trial No. 359 of 2020 (State vs. Amit Pal), related to Crime No. 56 of 2020, under Sections 498-A, 304-B, 302 read with Section 149 I.P.C., and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Safipur, District Unnao, whereby learned trial court held the appellant guilty of the following offences and sentenced him as indicated:

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Section 304-B I.P.C.: 10 years’ rigorous imprisonment.

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Section 498-A I.P.C.: 3 years’ imprisonment with fine of Rs. 5,000/; in default of payment of fine, the appellant shall serve three months’ additional simple imprisonment.

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Section 4 of the Dowry Prohibition Act, 1961: 1 year imprisonment with fine of Rs. 3,000/-; in default of payment of fine, the appellant

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shall serve one month additional simple imprisonment. All punishments/convictions are directed to run concurrently.

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Learned counsel for the appellant submitted that according to the prosecution version, informant Mohan Lal, lodged FIR at the police station concerned on the basis of a written application dated 08/02/2020 with the allegation that he married his daughter, Rinki to appellant Amit Pal on 28/04/2016. After some time of marriage, Amit Pal and in-laws of his family started demanding Rs. One lakh as additional dowry and subjected her to matrimonial cruelty and marpit. She was also given beating on 10/01/2020 by the accused persons. On 05/02/2020 at 8 PM, she was again assaulted and when she tried to go outside from the house, her parents-in-law, brother-in-law, husband dragged her inside the room and set her ablaze by pouring kerosene oil. She died on 07/05/2020 at 7 AM at Hallett Hospital, Kanpur.

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Learned counsel for the appellant next submitted that the appellant has been falsely implicated in the case. In fact, the deceased died due to suicide by setting herself ablaze. The appellant tried to extinguish the fire to save her. In the process, his hand got burnt and this fact is established by the medical evidence of DW-2, Dr. Kaushalendra Prakash, who stated that he conducted medical examination report of Amit Pal on 10/02/2020 at 12:40 hours, in which burn injuries were found on his right arm, and Blister was found on his right leg. The nature of the burn injury, which was 5-6 % could have been caused if a person tries to extinguish burning things.

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She also submitted that the deceased was brought to the hospital by the husband and this fact is admitted by PW4. Nyab Tehsildar conducted the inquest of the dead body of the deceased. In postmortem report of the deceased, superficial to deep burn was found all over the body except the right axilla, perineal region.

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She next submitted that as per custody certificate dated 17.03.2026, the appellant has undergone more than half of the sentence, i.e. 6 years, 1 month, 4 days of actual imprisonment. He has undergone 6 years 6 months with remission. Therefore, the appellant deserves to be released

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on bail having undergone more than half of the sentence in the light of guidelines issued by Hon'ble Supreme Court in Saudan Singh vs The State Of Uttar Pradesh (Daily order dated 05.10.2021) .

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Learned A.G.A. has opposed the prayer for bail and submitted that this is a case of dowry death as the deceased died within 7 years of the marriage at her matrimonial home and there is evidence that she was subjected to matrimonial cruelty due to want of dowry soon before her death.

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Considering the rival submissions made by learned counsel for the parties, the totality of the facts and circumstances of the case, the nature of the offence, the nature of the allegations, the nature of the evidence, and the fact that the appellant has also suffered burn injuries on his hand, which is stated to have been caused in the process of saving the victim, and further that the appellant has already undergone more than half of the sentence awarded under the impugned judgment, and without expressing any opinion on the merits of the case, I am inclined to enlarge the appellant on bail during the pendency of the appeal.

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Let the appellant, namely, Amit Pal , be released on bail in aforesaid sessions trial during pendency of the appeal upon his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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The appellant has undertaken not to indulge in any criminal activity particularly against the informant and in the event of any such incident it shall be open to the complainant to make an application for cancellation of bail.

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On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record.

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As regards fine, the appellant is directed to deposit half of the amount of fine with the trial court before his release from jail pursuant to present bail order and remaining half of the fine shall be stayed during pendency the appeal.

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Order of Appeal

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List the appeal for hearing in due course.

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(Ram Manohar Narayan Mishra,J.)

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April 28, 2026 KR