Smt. Usha vs State Of U.P.
2015 Latest Caselaw 3273 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 3238 of 2015
 

 
Appellant :- Smt. Usha
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Gaurav Kakkar
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

Counter affidavit filed today is taken on record.

This bail application has been filed on behalf of appellant - Smt. Usha. This appeal is directed against the judgment and order dated 9.7.2015 passed by the learned Additional Sessions Judge, Court No.4, Saharanpur in Session Trial No. 333 of 2012 arising out of Case Case Crime No. 589 of 2011 under Sections 364, 302/34 and 201 I.P.C., Police Station Rampur Mani Haran, District Saharanpur.

According to the appellant, the trial court is not justified in recording the finding of last seen inasmuch as there was no prosecution witness, who had stated that the child was last seen with Smt. Usha. It is further stated that except for P.W.1, who had stated that Smt.Usha was seen near the village, where the dead body of child was found, appropriately no evidence worth consideration is on record for implicating Smt. Usha in the commission of the offence. It is further stated that the  recovery of the Danda said to be used to injure the child was found on the pointing out of the other accused. Therefore, the case is distinguishable vis a vis the case of Smt. Usha. 

Having heard learned counsel for the parties, we are of the view that the appellant has made out a case for grant of bail.

Let the appellant Smt. Usha convicted and sentenced in Session Trial No. 333 of 2012 arising out of Case Case Crime No. 589 of 2011 under Sections 364, 302/34 and 201 I.P.C., Police Station Rampur Mani Haran, District Saharanpur be released on bail on her furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copy thereof to this Court for being kept on record.

Order Date :- 15.10.2015

Ashish Pd.