Allahabad High Court
Smt. Surekha vs State Of U.P. on 22 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21402 of 2019
Applicant :- Smt. Surekha
Opposite Party :- State Of U.P.
Counsel for Applicant :- P.K. Singh
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for applicant contends that applicant has falsely been implicated in highly belated FIR lodged upon deliberations after two days of the incident; that first informant made an application to P.S. Maharajpur on 11.06.2018 stating that at 11:00 p.m. upon information he reached and found dead body of his brother Dinesh on way from GT road to Maholi; that after postmortem of dead body of deceased cause of death was found to be hanging; that on 13.06.2018, first informant lodged FIR with concocted story stating that deceased was coming home from Bombay and when he got down at Kanpur Central Railway Station, applicant, and her cousin brother Anil Sahu @ Monu after calling him at Sarojini Hospital Navbasta taken him for dropping at his home, and on way, strangulated him with rope, and hidden his dead body at Maholi turn by the side of GT road; that in statement under Section 161 Cr.P.C. first informant developed a new story that applicant who is the wife of the deceased was having illicit relationship with Anil Sahu @ Monu her real cousin brother and was seen in compromising position by wife of first informant, and due to above reason the applicant and co-accused eliminated the deceased as he was a hurdle in their illicit relationship; that entire prosecution story is absolutely false, incorrect and highly improbable, and there is no cogent evidence with regard to illicit relationship of applicant and co-accused Anil Sahu @ Monu. A recovery of Sleeper of deceased has been shown on the pointing out of applicant. False recovery has been planted against the applicant. There is no eye witness of the alleged occurrence. This is not a case of strangulation. It has further been submitted that false FIR has been lodged against the applicant to deprive her from the property of her husband. The applicant is the wife of deceased. She has falsely been implicated in the present case. The co-accused Anil Sahu @ Monu having identical role has already been released on bail by another bench of this court vide order dated 22.1.2019 in Criminal Misc. Bail Application No. 2583 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 14.6.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Anil Sahu @ Monu having identical role has already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Surekha involved in Case Crime No. 237 of 2018, under section 302, 201 IPC, P.S. Maharajpur, District Kanpur Nagar be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. She shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.5.2019
Masarrat
