Ali Hasan & Another vs State Of U.P.
2013 Latest Caselaw 2655 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 887 of 2012
 

 
Appellant :- Ali Hasan & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Aqueeq Ahmad,Manas Bhargava
 
Counsel for Respondent :- Govt. Advocate,Vidya Prakash Singh
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Rajeev Lochan Shukla learned Advocate holding brief of Sri Aqueeq Ahmad counsel for the appellant, learned AGA for the State and Sri Vidya Prakash Singh learned counsel for the informant.

Learned counsel for the appellant on his own violation has declinded to file any rejoinder affidavit and has argued the bail prayer of the appellant.

Looking to the injury and allegation against him, at this stage, we are not inclined to grant bail to the appellant Ali Hasan.  His bail prayer is declined and rejected.

So far as the appellant No. 2 Saina is concerned, she has not caused any injury and she is a lady, we consider it appropriate to release the said appellant Saina on bail.

Learned AGA did not dispute the aforesaid facts.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, we consider it appropriate to release the appellant Saina on bail.

Let the appellant Saina be enlarged on bail on their furnishing a personal bond of rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 42 of 2008, under section 302/34 I.P.C., P.S. Masoori, District Ghaziabad.

As soon as personal 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.

The appellant is allowed one month time to deposit entire amount of fine awarded to her.

Order Date :- 23.5.2013

Priyanka