Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4778 of 2021 Applicant :- Smt. Kamni Opposite Party :- State of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant, Sri Ankit Srivastava, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt. Kamni, seeking enlargement on bail during trial in connection with Case Crime No. 262 of 2020, under Section 302 I.P.C., registered at P.S. Bidhnoo, District Kanpur Nagar.
The prosecution case as per the F.I.R. lodged on 7.6.2021 at about 12:15 hours by Ramlakhan who is younger brother of the deceased, is that on 07.6.2021 at about 09.30A.M. his elder brother Ramsnehi was sitting outside house in tin shed where the applicant who is his younger daughter-in-law, came there and started fighting with him for property and money, after which she assaulted him with knife repeated times. He fell on the floor and died immediately. The incident was witnessed by the first informant, his brother Ram Asrey, Smt. Kushma the wife of the deceased, his nephew and other persons of the village. Smt. Kamini was then apprehended. The deceased was taken to the hospital where the doctor declared him dead. Smt. Kamini has been brought to the police station and handed over to the police.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the case. It is argued that as per prosecution case the applicant inflicted repeated blows by knife on the deceased whereas the post mortem examination report shows that the deceased had received a single lacerated wound on his left side neck and there was hematoma present. The other injury was a contusion on the occipital region. It is argued that as such the prosecution story does not corroborate with the medical evidence. It is further argued that the applicant has been implicated in the present case as there was some dispute within the family due to partition and distribution of property and money of the deceased. The applicant is a lady and is entitled to the benefit of Section 437 Cr.P.C. The applicant is having no criminal history as stated in para- 17 of the affidavit and is in jail since 7.6.2020.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicant is the sole accused of the case and has been assigned the role of assault by knife on the deceased. The post mortem examination report corroborates with the prosecution version and cause of death as opined by the doctor is haemorrhage and shock due to ante mortem injury which has been caused by a sharp weapon. It is argued that the applicant was apprehended at the spot and was taken to the police station and handed over to the police. There is recovery of a knife on the pointing out of the applicant.
After having heard learned counsels for the parties and perusing the record, it is apparent that the applicant is the main assailant and she has been assigned the role of assault on the deceased by knife. She was apprehended on the spot and was handed over to the police. She is daughter-in-law of the deceased. The post mortem report corroborates with the prosecution story.
Looking to fact and circumstances of the case, nature of evidence and gravity of offence, I do not find it a fit case to release the applicant on bail.
Accordingly, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 26.10.2021 Naresh