Heard Sri H.G.S.Parihar, learned Senior Counsel, assisted by Sri D.R.Mishra, learned counsel for applicant, Sri Ashish Raman Mishra, learned counsel for complainant and Sri Rajesh Kumar Singh, learned Additional Government Advocate and perused the record including the case diary.
This bail application has been moved by the accused/applicant- Mridula Anand for grant of bail, in Case Crime No. 016 of 2015, under Sections 147,148,149,364,302, 201, 216 I.P.C. Police Station Badosarai, District Barabanki, during trial.
Learned Senior Counsel submits that the applicant is a lady and has been falsely implicated by the informant and she has not committed any offence as claimed by the prosecution and the F.I.R. of this case has been lodged by the informant on the basis of false and concocted facts.
It is further submitted that the instant case is based on circumstantial evidence and the evidence which is claimed to have been collected during investigation is insufficient and is not conclusive and the prosecution in any case could not secure conviction of the applicant on its basis, in the trial.
It is also submitted that the presence of the applicant at the scene of the crime has not been established during the course of investigation and a very weak evidence has been procured to the tune that the applicant was sitting in a Safari Vehicle with other co-accused persons, wherein the deceased was ''last seen', however during the course of investigation this allegation was not established and no recovery of any kind has been made either from the applicant or on her pointing out.
It is further submitted that applicant was not arrested in this case till 2019 due to lack of credible evidence and have always cooperated in the investigation It is also submitted that the story cooked up by the informant of dialing Police Helpline Number-100 in order to inform the police has also not been established and in fact applicant was not having good relations with the husband (co-accused Dr.Vijay Singh) and there is no question of having common intention with him. She is an old lady of 52 years and is having various medical problems and is also the mother of two children.
It is next submitted that the instant case is a case of zero evidence so far as the applicant is concerned. The applicant is in jail in this matter since 21.02.2019 and is not having any criminal history. The charge sheet has been submitted and the applicant is also not in a position to influence the prosecution witnesses.
Sri Rajesh Kumar Singh, learned Additional Government Advocate, submits that the deceased was last seen with the applicant, her husband Dr.Vijay Kumar, and other co-accused persons on 19.1.2015 at 5.45 p.m. by many witnesses when he was going in a Safari Vehicle along with Dr.Vijay Kumar Mishra, applicant, Driver Amit Kumar, Rinku, Sangam and other 3 - 4 persons. There are also witnesses who were told by deceased that he is going to the house of M.L.A. (husband of the applicant), and applicant to take his money back.
It is also submitted that after witnessing the deceased with the applicant and other co-accused persons in Safari Vehicle the mobile phone of the deceased had gone switched off and thereafter he could not be contacted. The brother of the deceased, namely, Shivam, went to the house of the co-accused M.L.A. Dr.Vijay Kumar Mishra and was informed by the two servants, namely, Subhash and Saddam that deceased had gone with applicant and other co-accused persons. The brother of the deceased then approached Police Station Mahanagar and one Sub Inspector had gone with him to the house of the applicant and M.L.A. Dr.Vijay Kumar Mishra. However, they could not be contacted and in the next morning, information pertaining to the death of the deceased Shikhar Srivastava @ Raja was received and his dead body was recovered.
It is also submitted that the mud guard of the Safari Vehicle of co-accused Dr.Vijay Kumar and applicant has been recovered from the spot where the dead body of the deceased was found and the vehicle which was used in the crime has also been recovered from the house of applicant and the circumstantial evidence which has been collected by the Investigating Officer during the course of investigation unerringly points that the murder of the deceased has been committed by the applicant, her husband (Dr.Vijay Kumar) in association with other co-accused persons.
Sri Ashish Raman Mishra, learned counsel representing the informant/complainant submits that the applicant is an influential Senior Government Officer and if released on bail, she will definitely influence the prosecution witnesses and may also threaten them as she and her husband M.L.A. Vijay Kumar are extremely influential persons and it is because of their influence, they could only be arrested in the year 2019, while the F.I.R. was lodged in 2015. He further submits that on 19.01.2015, deceased was called by the applicant and her husband to take his money back and this fact was told by the deceased to other witnesses and he was also last seen going with the applicant and other co-accused persons at 5.45 p.m. on 19.01.2015 in a Safari Vehicle and thereafter he could not be traced and on the next morning his dead body was recovered.
It is also submitted that husband of the applicant Dr.Vijay Kumar was a sitting M.L.A. of Bansgaon constituency, Gorakhpur and he is so influential that he managed to transfer the investigation to C.B.C.I.D., however, it was on the intervention of this Court that the order of transferring investigation to C.B.C.I.D. was quashed vide order dated 22.8.2017, passed in Writ Petition No.701 of 2015 and if applicant is released on bail, she would use the contacts of her husband and also her resources and definitely influence the prosecution witnesses.
Having heard learned counsel for parties and having perused the record including the case diary, it is evident that deceased and applicant were having very close relations and allegations which have emerged from the F.I.R. and the statement of the witnesses are to the tune that applicant had taken Rs.3.5 lacs from the deceased on the promise of giving him a Government Job and when the same was not provided deceased started demanding his money back and on the fateful day, deceased was called by the co-accused Dr.Vijay Kumar to take his money back and this was told by the deceased to his younger brother Shivam Srivastava at 2.30 p.m. and also that they will met at 5.30 p.m. at Hanniman's Crossing. It is also apparent from the record that at around 5.30 p.m. on 19.1.2015, Shivam, Arpit Srivastava and Naman Srivastava had seen the deceased going in the Safari Vehicle with applicant, co-accused Dr.Vijay Kumar and other accused persons and thereafter the phone of the deceased had gone switched of.
It is also alleged that thereafter Shivam, Arpit and Naman had gone to the house of M.L.A. where they met servants Subhash and Saddam, who told that deceased had gone with applicant, her husband M.L.A. Dr.Vijay Kumar and other co-accused persons in a vehicle and then they approached Police Station Mahanagar where from one Sub Inspector Manoj Kumar went with them to the house of M.L.A. but could not found anyone and on the next day the dead body of the deceased was found in the territory of Police Station Badosarai, Barabanki.
The Investigating Officer, during investigation has collected broken mud guard of Safari Vehicle from the place where the dead body of the deceased was found and on 5.2.2015, the Investigating Officer has also recovered the Safari Vehicle of co-accused Dr.Vijay Kumar and applicant from their house situated at Gorakhnath, Gorakhpur and also found that the mud guard of the left side wheel of this vehicle was broken. He has also noticed some blood stains inside the vehicle. In forensic science lab report the broken piece of mud guard has been established to be of Safari Vehicle of Dr.Vijay Kumar and applicant. The Investigating Officer has also recorded the statements of Subhash and Saddam, who were servants of co-accused Dr.Vijay Kumar, M.L.A. wherein they stated that deceased had gone with applicant, her husband and other co-accused persons in a Safari Vehicle driven by Amit Kumar and they all except deceased returned back in the night.
The death of the deceased had occurred due to ante mortem injuries and time of the death of the deceased comes to be in the intervening night of 19/20.1.2015. The applicant could only be arrested in 2019. The investigation of this case had earlier been transferred at the behest of Dr.Vijay Kumar (husband of the applicant) to C.B.C.I.D. on the recommendation of the then leader of opposition Vidhan Sabha, namely Sri Swami Prasad Maurya, which was subsequently cancelled by a Division Bench of this Court vide order dated 22.8.2017, passed in Writ Petition No.701 (M/B) of 2015. Applicant despite many coercive measures/process issued by the Magistrate could only be arrested in the year 2019. Two prosecution witnesses, namely Subhash and Saddam were the servants of applicant and co-accused Dr.Vijay Kumar. The status of the applicant and her husband co-accused Dr.Vijay Kumar, who was a sitting M.L.A. is so, that it cannot be ruled out that they may influence the witnesses.
In view of the above reasons, facts and circumstances, I do not find any good ground to release the applicant on bail, therefore, the prayer for bail of the applicant Mridula Anand, is hereby rejected. However, the trial court is directed to expedite the trial of the case and make all out efforts to conclude the trial as expeditiously as possible.
Order Date :- 11.02.2021 Irfan