Fakeera vs State Of U.P.
2022 Latest Caselaw 4470 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 3313 of 2020
 

 
Appellant :- Fakeera
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Krishna Kumar Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Deepak Verma,J.

Order on appeal

List in ordinary course.

Order on Criminal Misc. Bail Application No.1 of 2020

Heard learned counsel for the appellant, learned AGA for the State-respondent and perused the material brought on record.

The instant Criminal Appeal along with bail application has been filed to release the appellants on bail in S.T. No.346 of 2016, arising out of Case Crime No.19 of 2016, under Sections 304-B, 498-A I.P.C. and Section 4 of D.P. Act, Police Station Khanpur, District Bulandshahar.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. Prosecution has failed to prove his case. Finding of the trial court is not corroborating the testimony of the prosecution witnesses as well as medical report. The appellant, who is husband of the deceased, is in jail since 23.10.2020. Allegation against the appellant is that he burnt his wife. He further argued that during trial the appellant was on bail. The allegation in the FIR is against some other persons but trial court without applying judicial mind convicted the appellant. Conviction order contains various illegalities. The appellant was not present at the place of occurrence when incident had taken place. Allegation against the appellant to burn his wife, is totally false and baseless and there is no evidence in this regard.

Per contra, learned AGA has opposed the bail application and argued that the trial court's judgment contain no illegality or infirmity and is based on testimony of prosecution evidence and the evidence available on record. It is clear from the statement of P.W. 1 that appellant poured kerosene oil over the deceased and set her ablaze. The statements of prosecution witnesses are supported by medical evidence.

Considering the argument raised by learned counsel for the appellant as well as learned AGA for the State, the appellant is husband and specific role has been assigned to the appellant for setting her wife ablaze on account of which, she died and allegation has been proved and is involved in heinous crime.

In view of the facts and circumstances of the case, I do not find it a fit case, hence, the bail application of the appellant-Fakeera involved in the aforesaid case crime, is hereby rejected.

Order Date :- 27.5.2022

Nitin Verma