The Allahabad High Court has granted conditional bail to Anjum Nisha of Prem Nagar, District – Jhansi, accused of killing her daughter-in-law along with her son Arif Khan by pouring kerosene on her and burning her.
The Division Bench of Justice Arvind Singh Sangwan and Justice Mohd Azhar Husain Idrisi passed this order while hearing a Criminal Appeal filed by Anjum Nisha.
This is the third bail application of Anjum Nisha. The first and second bail application of the appellant was dismissed on 12.03.2019 and 18.04.2022 respectively.
The bail application has been filed by the accused-appellant who has been convicted and sentenced by judgment dated 13.04.2018 passed by the Additional Sessions Judge, Jhansi in Session Trial under Sections 302/34 of I.P.C, Police Station – Prem Nagar, District – Jhansi.
Counsel for the appellant submitted that the appellant is a mother-in-law of the deceased who faced trial along with her son Arif Khan.
It is submitted that as per the dying declaration, both of them by pouring kerosene oil, set her on fire which resulted in her death.
Counsel also submitted that all the witnesses were declared hostile and did not support the prosecution version.
Counsel also submitted that the appellant is a lady, aged about 56 years and has no role in the matrimonial life of her son and the deceased, and she has been just roped in because of their relationship.
“On considering the arguments advanced by learned counsel for the appellant as well as the age of the appellant and the fact that the appeal pertains to the years 2018 and is not likely to be decided early, the Court deems it fit to enlarge the accused-appellant on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let accused-appellant- Anjum Nisha, convicted and sentenced in the aforesaid Sessions Trial be released on bail during pendency of the appeal subject to his furnishing personal bonds and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The appellant shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.
(ii) The appellant shall not leave India without permission of this Court.
(iii) The appellant shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of his bail.
Half of the fine shall remain suspended during the pendency of the appeal.