Court No. - 12 Case :- CRIMINAL APPEAL No. - 456 of 2024 Appellant :- Sunil Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko Counsel for Appellant :- Anil Singh,Devendra Pratap,Saad Husain,Shashank Shekhar Singh Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. (CMA/1/2024-Application for Bail) 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the lower court record. 2. This bail application has been moved on behalf of applicant, Sunil Kumar, who was convicted by the judgment and order dated 19.01.2024 passed by learned Additional District & Sessions Judge, Room No. 5, Lucknow in Sessions Trial No. 816 of of 2019, arising out of Case Crime No. 288 of 2019, under Sections 498-A & 304-B IPC and Section 4 of the Dowry Prohibition Act, Police Station Gosaiganj, District Lucknow and sentenced as under: (i) For offence under Section 498-A I.P.C.- Three years imprisonment with fine of Rs. 10,000/- with default stipulation. (ii) For offence under Section 304-B I.P.C.- Seven year's imprisonment. (iii) For offence under Section 4 of the Dowry Prohibition Act - Two years imprisonment with fine of Rs.5,000 each with default stipulation. 3. It is submitted by learned counsel for appellant it is case of dowry death. The appellant is the husband of the deceased. The appellant has falsely been implicated in this case. It is further submitted that general allegation of demand of dowry and consequential ill treatment was made against all the family members. During trial complainant and mother of the deceased had turned hostile and there was no cogent and reliable evidence implicating the appellant to the said offence. The appellant is in jail since 09.05.2019 and maximum punishment is awarded by the trial court seven years and the appellant has served almost six years imprisonment. The appellant has no previous criminal history. It is further submitted that there is no likelihood that this appeal may be heard in near future whereas the speedy justice is the fundamental rights of the appellant. The appellant has every hope of success in the appeal. 4. Learned A.G.A. has opposed prayer for bail but his admitted the aforesaid position. 5. In the above-mentioned facts and circumstances of the case keeping in view the fact that the maximum sentence is awarded seven years and the appellant has served almost six year in jail, without expressing any opinion on the merits of the case, I find it a fit for bail. Accordingly, bail application is allowed. 6. Let appellant (Sunil Kumar) be released on bail till disposal of the appeal in the aforesaid sessions trial on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) List this appeal in due course and the appellant shall cooperate for disposal of this appeal and shall appear as and when it required. (ii) The copy of bail bonds be furnished to this Court after accepting it by the C.J.M./court concerned. 7. It is made clear that amount of fine is not stayed. . (Alok Mathur, J.) Order Date :- 10.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench