Successfully Argued Bail under S. 304B IPC in Criminal Appeal

summary of a criminal appeal (No. 3829 of 2022) involving appellants Saddam and another, versus the State of U.P. It details the proceedings in the High Court of Judicature at Allahabad, presided over by Hon'ble Nalin Kumar Srivastava, J.

Here's a brief overview:

• Background: The appeal stems from a judgment dated April 25, 2022, by the Additional District and Sessions Judge in Moradabad, convicting the appellant, Saddam, and another under Sections 498-A, 304-B of the IPC and Section 4 of the Dowry Prohibition Act. The charges relate to a dowry death case where the deceased suffered burn injuries leading to death.

• Appeal and Arguments: Saddam appeals against his conviction and ten-year rigorous imprisonment sentence. His counsel argues that Saddam was falsely implicated due to animosity and that the evidence presented by the prosecution was insufficient and unreliable. Key points include challenging the credibility of multiple dying declarations made by the deceased, inconsistencies among them, and the medical findings suggesting death due to septicemic shock from infected burns.

• Bail Request: The document discusses a bail application filed alongside the appeal, requesting the suspension of the sentence and the grant of bail. It notes that the co-accused, Rashidan, has already been granted bail and argues for similar relief for Saddam based on the length of incarceration and the circumstances of the trial.

• Court's Decision: The court, after considering all submissions and the circumstances, decided to grant interim bail to Saddam, pending the appeal's final decision. The decision was influenced by the appellant's behavior while previously on bail, the duration of imprisonment already served, and judicial precedents cited by the defense.