Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16373 of 2016 Applicant :- Smt. Meena Devi Alias Shakuntla Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava,Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 109 of 2016, under Section 302 of the Indian Penal Code, Police Station Manjhanpur, District Kaushambi is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant, who is a lady has falsely been implicated in the present case by the brother of the deceased Savita Devi on the ground that she was having illicit relationship with the husband of the deceased. The allegation made against the applicant is that due to his illicit relationship with the applicant, the husband of the deceased had strangulated her to death with the help of the applicant who had caught hold of her hands. It is further submitted that the allegations made in the first information report are false and baseless as on the date of incident the applicant was not present in the house of the deceased. It is also submitted that the applicant being elderly lady having six children out of whom her two daughters are married and hence there is no question of her having any illicit relationship with the deceased's husband. It is lastly submitted that the applicant, who has no criminal antecedents to her credit, is in jail since 24th March, 2016, is entitled to be enlarged on bail Per contra, learned Additional Government Advocate for the State vehemently opposed the prayer for bail and submitted that according to the informant the applicant had illicit relation with the husband of the deceased and when the deceased objected, she was beaten up by her husband on which she left her matrimonial home. On being assured by her husband that he would discontinue his affair with the applicant, she had returned to her matrimonial home, where she was done to death by her husband and the applicant. One Vijay Singh, who had witnessed the occurrence, has in his statement recorded under Section 161 of the Code of Criminal Procedure, assigned the applicant the role of catching hold of the hands of the deceased while her husband strangulated her. Hence the applicant is not entitled to be released on bail during the pendency of the trial.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail at this stage of trial. The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the trial court is directed the conclude the trial of the applicant within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove, the applicant may move fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
(B.K. Narayana, J.) Order Date :- 30.3.2018 Sushil/-