Allahabad High Court
Smt. Rahil vs State Of U.P. on 13 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3413 of 2018
Applicant :- Smt. Rahil
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Smt. Rahil who is involved in Case Crime No. 1250 of 2017, under section 302, 201 IPC, P.S. Civil Lines, District Moradabad.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is aunt of deceased and informant Aslam is Jeth of the applicant. The applicant and informant are residing in the same premises and it is not possible to the applicant to commit the murder of the deceased and keep the dead body till 1.11.2017 in her room. In the statement of Afsana, Nanad of the applicant, it has come that she had heard sound of throwing something and thereafter, she saw the applicant going towards her room. Thereafter, Afsana told to her brother Aslam that the applicant had thrown something in bag and some smell is coming out from the bag and then brother of Afsana saw in the bag and found the dead body of the deceased Alfaiz aged about 2 years. As per FIR the deceased was missing since 27.10.2017 and the dead body of the deceased was recovered on 1.11.2017. During these 5 days it is impossible to the applicant to keep the dead body in her room. In fact, there is property dispute in between the informant and applicant due to which she has falsely been implicated in the present case. There is no eye witness of the alleged occurrence. The applicant is house lady. She has falsely been implicated in the present case only on the basis of suspicion. The applicant has no criminal history and is in jail since 2.11.2017.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the FIR of the alleged incident was lodged on 1.11.2017 after recovery of dead body. The deceased Alfaiz aged about 2 years was missing since 27.10.2017 at about 10:00 A.M. On 1.1.2017 at about 5:00 A.M. Afsana, sister of informant was standing on the roof of the house and younger brother of informant namely Raja was coming back after natural call, he had seen the applicant coming inside from the outside and Afsana told to him that her Bhabhi Rahil had thrown something in bag in Gali. The smell was coming out from the bag. The informant and his family members opened the bag then they found the dead body of the deceased Alfaiz in the bag. Thereafter, the FIR was lodged against the applicant. It has further been submitted that applicant has committed the murder of the minor child aged about 2 years due to dispute of property. Afsana had seen the applicant throwing the dead body of the deceased in the Gali, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Smt. Rahil is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of 8 months from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 13.5.2019
Masarrat
