Allahabad High Court
Hasauddin Alias Hasruddin And ... vs State Of U.P. on 19 January, 2021
Bench: Bachchoo Lal, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 46
Case :- CRIMINAL APPEAL No. - 5253 of 2019
Appellant :- Hasauddin Alias Hasruddin And Anr.
Respondent :- State of U.P.
Counsel for Appellant :- Purushottam Dixit
Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Order on Criminal Misc. Bail Application No. 1 of 2019
Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.
Learned counsel for the appellants/applicants submits that the appellants/applicants are jeth and jethani of the deceased. Neither they are beneficiary of any demand of dowry nor they have concerned with the alleged incident. Hundred percent burn injury was found on the body of deceased. The dying declaration of the deceased was also recorded by the S.D.M. In the dying declaration, the deceased has made specific allegation against her mother-in-law and husband for poring kerosene oil and set fire upon her. No specific role has been assigned to the applicants/appellants. The applicants/appellants have falsely been implicated due to being relative of the husband of the deceased. It has further been submitted that the witnesses of facts have not supported the prosecution version and they have been declared hostile. Except dying declaration of the deceased, there is no other evidence on record. The appellants/applicants have not committed the alleged offence. The appellants/applicants are languishing in jail since 18.7.2019. During trial, the appellants/applicants were on bail and they have not misused the liberty of bail and the appeal is likely to take some time for final disposal, therefore, the appellants /applicants are entitled for bail.
On the other hand, learned A.G.A opposed the prayer for bail of the appellants/applicants and supported the trial court judgment and argued that the appellants/applicants have committed the alleged offence, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties; without expressing any opinion on merit of the case, we are of the opinion that the appellants/applicants are entitled for bail.
Let appellants/applicants-Hasauddin alias Hasruddin and Smt.Bhuriya convicted and sentenced in Sessions Trial No.555 of 2016 (State vs. Hakimuddin and others) arising out of case crime No.25 of 2016, under Section 302 I.P.C, P.S. Harduaganj, District Aligarh be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The realization of half of the fine awarded to the appellants/applicants shall also remain stayed during the pendency of the appeal.
On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
The appellants would be entitled to get the benefit of this order only after depositing 50 % amount of fine.
The lower cour record has been received.
The office is directed to paper the paper book within 45 days.
List this appeal thereafter for final hearing in its turn.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.1.2021
G.S
