Court No. - 44
Case :- CRIMINAL APPEAL No. - 6286 of 2018 Appellant :- Ruksana Respondent :- State Of U.P.
Counsel for Appellant :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Order on Criminal Misc. Bail Application No.2 of 2018 This is a bail application moved on behalf of appellant Ruksana in the instant criminal appeal.
Heard Sri Ajay Kumar Mishra, learned counsel for the appellant, Sri A.R.Chaurasia, learned A.G.A. for the State and perused the record.
It has been argued by the learned counsel for the appellant that appellant happens to be wife of deceased Kaluwa @ Kale Khan. It is alleged that appellant and Irfan @ Munna were having illicit relation and they have committed the murder of deceased. He further contended that on the date of occurrence, appellant was sleeping with her children in another room and some unknown persons entered into the house and committed murder of her husband. There is no eye witness of the said incident to prove that appellant was involved in the murder of her husband. There are contradictory statements of witnesses. The appellant is in jail since 03.08.2013 and in case appellant is enlarged on bail, the appellant shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid factual position and that the appellant is languishing in jail since 03.08.2013.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellants- Smt. Ruksana convicted and sentenced in S.T. No. 351 of 2013, arising out of Case Crime No. 215 of 2013, under Sections 302/34 I.P.C., Police Station Mandi Dhanaura, District Amroha be released on bail on her furnishing a personal bond with two heavy sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by her till the disposal of the appeal.
On acceptance of bail bond and personal bond, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book and list the appeal in the month of February, 2020 before appropriate Bench for final hearing.
(Raj Beer Singh,J.) (Ramesh Sinha,J.) Order Date :- 26.7.2019 T.S.