State v. Hanuman Kori and others, arising out of Case Crime No

1. Heard Mohd. Ashraf, learned counsel for the applicants-appellants and Sri Umesh Verma, learned AGA for the State.

2. Mohd. Ashraf, learned counsel for the appellants has filed supplementary affidavit, same is taken on record.

3. Annexure no. S.A.-1 of the supplementary affidavit is a surgical- pathological report issued from the Department of Hepatology of P.G.I., Chandigarh indicating therein that one Susita is suffering from 'Carcinoma infiltrating duct-Grade II'. The aforesaid cancer patient is wife of appellant no. 1, Hanuman Kori.

4. This is first bail application of the present applicants-appellants, Hanuman Kori, Rakesh Kori and Sri Gaya Prasad in Session Trial No. 381 of 2012, State Vs. Hanuman Kori and others, arising out of Case Crime No. 434 of 2012, P.S. Raunahi, District Ayodhya wherein the appellants/applicants have been convicted under Sections 147, 302/149 IPC and sentenced for maximum punishment of life imprisonment with fine stipulations.

5. Learned counsel has stated that the present appellants remained on bail during the trial and did not misuse the liberty of bail, during the trial period they remained in jail for couple of months and pursuant to conviction order 2 CRLA No. 2789 of 2024 they are in jail since 13.8.2024. Learned counsel has stated that even if the prosecution story is taken on its face value the role of all the appellants is that they were with the main accused Pappu and Harish, therefore, the present appellants have been implicated with the aid of section 149 IPC.

6. Attention has been drawn towards para 17 of the conviction order which is a testimony of P.W.-8, Sushil Kumar Yadav, Sub-Divisional Magistrate, Ghorawal, District Sonebhadra, the then Naib-Tehsildar who had recorded the Dying Declaration of the deceased. In the dying declaration the specific role of pouring kerosene oil upon the deceased and setting her into fire has been attributed to the co-convict Pappu and Harish. The appellant no. 1, Hanuman Kori and appellant no. 2, Rakesh Kori, were allegedly present on the spot, however, the name of appellant no. 3 has not been indicated in that dying declaration. In the dying declaration nothing has been alleged against the present appellants except the fact that they were present on the spot and after the incident in question they ran away. Learned counsel has further stated that the present appellants are having no criminal history of any kind whatsoever. He has also submitted that if the appellant no. 1 Hanuman Kori is released on bail he would be able to get his wife properly treated as she has been suffering from 'Breast Cancer Grade-II'. The paper-book is not ready and as and when the paper-book is prepared and appeal is listed for hearing the counsel for the applicant shall not take unnecessary adjournment and shall argue the appeal on merits.

7. Per contra, learned AGA has vehemently opposed the aforesaid bail application but could not dispute the aforesaid facts.

8. Having heard learned counsel for the parties; the material available on record and without entering into the merits of the appeal; considering the fact that the present appellants remained on bail during the trial and they did not misuse the liberty of bail; during the trial period they remained in jail for couple of months and pursuant to conviction order they are in jail since

13.8.2024; even if the prosecution story is taken on its face value the role of all the appellants is that they were with the main accused Pappu and Harish; in the dying declaration the specific role of pouring kerosene oil upon the deceased and setting her into fire has been attributed to the co-convict Pappu and Harish; the appellant no. 1, Hanuman Kori and appellant no. 2, Rakesh 3 CRLA No. 2789 of 2024 Kori, were allegedly present on the spot, however, the name of appellant no. 3 has not been indicated in that dying declaration; in the dying declaration nothing has been alleged against the present appellants except the fact that they were present on the spot and after the incident in question they ran away; the present appellants are having no criminal history of any kind whatsoever; if the appellant no. 1 Hanuman Kori is released on bail he would be able to get his wife properly treated as she has been suffering from 'Breast Cancer Grade-II'; paper-book is not ready and his undertaking that he shall not misuse the liberty of bail; we are hereby convinced that she may be enlarged on bail.

9. Accordingly, the bail application is disposed of.

10. Let the appellants- Hanuman Kori, Rakesh Kori and Sri Gaya Prasad , convicts of the aforesaid sessions trial, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

11. 50% fine imposed by the learned Trial Court shall be deposited by the appellant within a period of four weeks from the date of release, failing which, the bail granted to the appellant shall stand cancelled. However, the remaining 50% fine imposed by the learned Trial Court shall remain stayed.

12. It is made clear that during bail, if the appellants commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

13. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

14. Office is directed to prepare the paper-book of the case, if not already prepared and supply a copy of the same to the learned counsel for the parties as per rules.

15. List this appeal for final hearing in the month of February, 2026. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 18, 2025/Om

1. Heard Mohd. Ashraf, learned counsel for the applicants-appellants and Sri Umesh Verma, learned AGA for the State.

2. Mohd. Ashraf, learned counsel for the appellants has filed supplementary affidavit, same is taken on record.

3. Annexure no. S.A.-1 of the supplementary affidavit is a surgical- pathological report issued from the Department of Hepatology of P.G.I., Chandigarh indicating therein that one Susita is suffering from 'Carcinoma infiltrating duct-Grade II'. The aforesaid cancer patient is wife of appellant no. 1, Hanuman Kori.

4. This is first bail application of the present applicants-appellants, Hanuman Kori, Rakesh Kori and Sri Gaya Prasad in Session Trial No. 381 of 2012, State Vs. Hanuman Kori and others, arising out of Case Crime No. 434 of 2012, P.S. Raunahi, District Ayodhya wherein the appellants/applicants have been convicted under Sections 147, 302/149 IPC and sentenced for maximum punishment of life imprisonment with fine stipulations.

5. Learned counsel has stated that the present appellants remained on bail during the trial and did not misuse the liberty of bail, during the trial period they remained in jail for couple of months and pursuant to conviction order 2 CRLA No. 2789 of 2024 they are in jail since 13.8.2024. Learned counsel has stated that even if the prosecution story is taken on its face value the role of all the appellants is that they were with the main accused Pappu and Harish, therefore, the present appellants have been implicated with the aid of section 149 IPC.

6. Attention has been drawn towards para 17 of the conviction order which is a testimony of P.W.-8, Sushil Kumar Yadav, Sub-Divisional Magistrate, Ghorawal, District Sonebhadra, the then Naib-Tehsildar who had recorded the Dying Declaration of the deceased. In the dying declaration the specific role of pouring kerosene oil upon the deceased and setting her into fire has been attributed to the co-convict Pappu and Harish. The appellant no. 1, Hanuman Kori and appellant no. 2, Rakesh Kori, were allegedly present on the spot, however, the name of appellant no. 3 has not been indicated in that dying declaration. In the dying declaration nothing has been alleged against the present appellants except the fact that they were present on the spot and after the incident in question they ran away. Learned counsel has further stated that the present appellants are having no criminal history of any kind whatsoever. He has also submitted that if the appellant no. 1 Hanuman Kori is released on bail he would be able to get his wife properly treated as she has been suffering from 'Breast Cancer Grade-II'. The paper-book is not ready and as and when the paper-book is prepared and appeal is listed for hearing the counsel for the applicant shall not take unnecessary adjournment and shall argue the appeal on merits.

7. Per contra, learned AGA has vehemently opposed the aforesaid bail application but could not dispute the aforesaid facts.

8. Having heard learned counsel for the parties; the material available on record and without entering into the merits of the appeal; considering the fact that the present appellants remained on bail during the trial and they did not misuse the liberty of bail; during the trial period they remained in jail for couple of months and pursuant to conviction order they are in jail since

13.8.2024; even if the prosecution story is taken on its face value the role of all the appellants is that they were with the main accused Pappu and Harish; in the dying declaration the specific role of pouring kerosene oil upon the deceased and setting her into fire has been attributed to the co-convict Pappu and Harish; the appellant no. 1, Hanuman Kori and appellant no. 2, Rakesh 3 CRLA No. 2789 of 2024 Kori, were allegedly present on the spot, however, the name of appellant no. 3 has not been indicated in that dying declaration; in the dying declaration nothing has been alleged against the present appellants except the fact that they were present on the spot and after the incident in question they ran away; the present appellants are having no criminal history of any kind whatsoever; if the appellant no. 1 Hanuman Kori is released on bail he would be able to get his wife properly treated as she has been suffering from 'Breast Cancer Grade-II'; paper-book is not ready and his undertaking that he shall not misuse the liberty of bail; we are hereby convinced that she may be enlarged on bail.

9. Accordingly, the bail application is disposed of.

10. Let the appellants- Hanuman Kori, Rakesh Kori and Sri Gaya Prasad , convicts of the aforesaid sessions trial, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

11. 50% fine imposed by the learned Trial Court shall be deposited by the appellant within a period of four weeks from the date of release, failing which, the bail granted to the appellant shall stand cancelled. However, the remaining 50% fine imposed by the learned Trial Court shall remain stayed.

12. It is made clear that during bail, if the appellants commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

13. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

14. Office is directed to prepare the paper-book of the case, if not already prepared and supply a copy of the same to the learned counsel for the parties as per rules.

15. List this appeal for final hearing in the month of February, 2026. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 18, 2025/Om