The Allahabad High Court has allowed the second bail application of Syed Sagar Abbasi Alias Nehal accused of dowry death.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Syed Sagar Abbasi Alias Nehal.
The bail application has been filed seeking release of the applicant on bail in Case under Sections 498A, 323, 504, 506, 304B, 120B IPC and Section 3/4 D.P Act, Police Station Mohammadabad, District Mau during pendency of the trial.
Counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by the Court on merit by order dated 27.04.2023.
He further submitted that applicant is husband of the deceased and he is facing trial for offence under Sections 304B and 498A IPC but during investigation suicide note of the deceased was recovered and according to the suicide note it reflects that deceased committed suicide as applicant was having relationship with his Bhabhi, therefore, it does not appear to be a case of dowry death.
He also submitted that in the matter the applicant has been in jail since 12.07.2022 i.e for more than two years and till date trial of the case could not be concluded and out of nine prosecution witnesses only the statement of two prosecution witnesses could be recorded.
Counsel for the applicant said that the applicant does not have any criminal history.
Per contra, AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and first bail application of the applicant has already been dismissed by this Court on merit but could not dispute the other argument on facts advanced by the counsel for the applicant.
“However, applicant is husband of the deceased and this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by the Court on merit but it reflects that applicant is in jail for last more than two years and till date two prosecution witnesses could be examined out of nine prosecution witnesses.
Further, post mortem report suggests that deceased died due to hanging, therefore, possibility of suicide cannot be ruled out.
Further, from the record, it also reflects that during investigation Investigating Officer procured the suicide note of the deceased and as per suicide note deceased committed suicide as she was having suspicion that applicant is having relationship with his Bhabhi, therefore, from the suicide note the matter does not appear to be a case of dowry death. Further, the applicant does not have any criminal history.
Therefore, considering the facts and circumstances of the case, particularly the long incarceration of the applicant of more than two years, in my view, the applicant is entitled to be released on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant – Syed Sagar Abbasi @ Nehal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.