Smt. Sheela Saini vs State Of U.P. And Another
2023 Latest Caselaw 17868 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:142567
 
Court No. - 85
 

 
Case :- CRIMINAL APPEAL No. - 5264 of 2021
 

 
Appellant :- Smt. Sheela Saini
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Rajeev Malviya
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mayank Kumar Jain,J.

Supplementary affidavit filed today is taken on record.

Despite sufficient service of notice no one appeared on behalf of respondent no.2.

Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record.

This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the impugned judgment and order dated 22.10.2021 passed by Special Judge (SC/ST Act), Firozabad in Case Crime No.537 of 2021, under Section 302 I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station Firozabad North, District Firozabad.

As per the version of F.I.R., on 08.08.2021 at around 1.30 p.m. some dispute arose between the informant and appellant. The appellant set the deceased ablaze after putting kerosene upon her. The victim sustained 95% burn injuries.

It is submitted by learned counsel for the appellant that appellant is innocent and has not committed any offence narrated in the F.I.R. There is no eye witness of the said incident. Two dying declarations of the deceased were recorded. There are material contradictions in these two dying declarations. The medical examination report of the injured does not indicate that she sustained 95% burn injuries. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant is in jail since 11.08.2021 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.

Per contra learned A.G.A. opposed the prayer for bail and submitted that as per postmortem report the deceased sustained superficial to deep burn all over body except head, bone, abdomen, pernicious, both sides. It is further submitted that in her dying declarations the deceased attributed specific role to the appellant that she poured kerosene oil upon her and set her ablaze.

Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the active participation of the appellant in the commission of crime, I do not find it fit case for bail.

Since the trial court has passed the impugned order after appreciating the evidence available on record, there is no occasion to interfere with the finding of fact recorded by the trial court, hence, the present criminal appeal lacks merit and deserves to be dismissed.

Accordingly, the criminal appeal is dismissed.

Order Date :- 18.7.2023

Atul