JAIBUNISHA Vs. MEHARBAN / JUMMA

JUDGEMENT

(1.) These appeals have been preferred by the informant ­ appellant assailing the orders dated 7th October, 2020 and 17th November, 2020 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application Nos. 29759 of 2020 and 39886 of 2021 respectively whereby bail has been granted to six persons accused in Sardhana P.S. Crime Case No.955 of 2018.

(2.) It is the case of the appellant that she is the mother of the deceased Yameen. She is stated to be an eyewitness to the attack on her sons, namely Yameen and Mobin and her husband, Jamshed. The appellant herein is the person who lodged the First Information Report being FIR No. 955/2018 for offences under sections 147, 148, 452, 324, 307, 302, 504, 506 with section 34 of the Indian Penal Code (for short, the 'IPC '). In all eleven accused were named in the FIR, being respondent no.1 in Criminal Appeal No.76/2022, namely Meherban; respondent no. 1 to 5 in Criminal Appeal No.77/2022, namely Jumma, Hakmeen, Yaseen, Arshad and Firoz, and five more persons namely, Bhoora, Shahid, Sullad, Yamin and Dev.

(3.) That FIR No. 955/2018 dated 27th August, 2018 is stated to have been filed by the appellant herein at around 21:05 hrs in the night stating that at around 18:00 hrs of the same day the accused, armed with swords and knives entered appellant 's house with a common intention to attack and kill Yameen and Mobin, sons of the appellant and Jamshed, appellant 's husband. That on entering the house, they started hurling abuses and attacked the sons and husband of the appellant, attempting to kill them. The neighbours of the appellant came to their rescue. However, as a result of such assault, Yameen died and Mobin and Jamshed sustained serious injuries. The informantappellant has further stated that there was a pre­existing dispute between the deceased and Bhoora, one among the accused, which was settled by the residents of their locality. However, the accused, in continuation of the said dispute attacked the sons and the husband of the appellant and killed one of her sons, namely, Yameen.