Sameer Bagdi vs State Of U.P.
2021 Latest Caselaw 6216 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 2588 of 2020
 

 
Appellant :- Sameer Bagdi
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Sandeep Kumar Dubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Order on Bail Application

Heard learned counsel for the appellant-applicant and learned A.G.A. for the State.

The present appeal was admitted on 9.9.2020 and direction was issued for consideration of bail application after the filing of the affidavits. Today the matter is listed for consideration on bail application.

The present bail application has been filed by the applicant-appellant in S.T. No. 642 of 2014 in Case Crime No. 78 of 2014, under Sections 498-A, 304-B I.P.C. and under Section 4 D.P. Act, police station Luxa, District Varanasi with the prayer to enlarge the applicant-appellant on bail.

I have perused the judgment and order dated 06.3.2018 passed by the trial court convicting the applicant-appellant.

Counsel for the appellant-applicant argues that in terms of the impugned judgment the appellant-applicant has been convicted and sentenced to undergo 10 years rigorous imprisonment under Section 304B IPC and further he has been convicted and sentenced to under go one year rigorous imprisonment under Section 498A IPC as well as one year rigorous imprisonment under Section 4 of the Dowry Prohibition Act. Along with the appellant-applicant the mother and father of the appellant were also convicted, all of them filed different appeals and their appeals are also pending and it appears that they have been enlarged on bail however appellant is in custody since 7.8.2014 and thus he has completed substantial quantum of the sentenced which has been awarded by means of the impugned judgment.The appellant was on bail during the trial and has not misused the said liberty. The appellant is in custody since 7.8..2014 and has no criminal antecedents.

Learned A.G.A. has opposed the bail application.

Considering the submissions recorded above and without expressing any opinion on merits of the case, I find that the appellant is entitled to be enlarged on bail.

Let appellant-applicant Sameer Bagdi convicted and sentenced vide impugned order dated 6.3.2018 in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to deposit of entire amount of fine as imposed by the court below vide impugned order.

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

Order Date :- 14.6.2021

piyush