Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17257 of 2019 Applicant :- Smt Raj Kumari Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated in FI.R. on the basis of suspicion. He further submits that as per averments made in F.I.R. lodged by informant- Manoj Kumar Raikwar- his brother Shyam Sundar (deceased) was married to applicant- Smt. Rajkumari, who was having illicit relationship with co- accused Brajesh Kori and on 8.5.2017 when Shyam Sundar returned back home after closing his shop co- accused Rajkumari administered some sedative in his food and, thereafter, she alongwith co- accused Brajesh Kori smothered his throat with the pillow and they were seen together by Payal- daughter of deceased. He further submits that recovery of a wrapper of tablets NITE 10 containing three tablets with 7 empty chambers as well as white pillow from her room has been falsely made, regarding which there is no independent witness. He adds that upon autopsy of body of deceased cause of death could not be ascertained and viscera was preserved for chemical analysis. He further adds that informant- Manoj Kumar Raikwar, Papu, and Kumari Payal- daughter of deceased have been examined as P.W.-1 to P.W.-3 have not supported prosecution case. He further submits that no incriminating material has been produced against applicant regarding her participation in crime in question. He submits that it is wrong to say that applicant was having illicit relationship with co-accused Brajesh Kori. He submits that applicant had no motive to cause death of Shyam Sundar; applicant is not alleged to have administered any poisonous substance or sedative to deceased and she did not smother him to death with pillow or otherwise. Lastly, he submits that applicant has no criminal history and applicant undertakes that he will not misuse liberty of bail; that the applicant is in custody since 11.5.2017.
Learned A.G.A. opposed the prayer of bail and submits that the start witness- Payal- is none other than the child of the deceased- Shyam Sundar- she had no motive for falsely implicating the applicant in the crime. The role of the applicant under circumstances is graver than her culpability as figured in the statement of the star witness, who is none other than daughter of the deceased. The applicant being the wife of the deceased conspired with Brijesh Kori with whom she was having illicit relationship in order to eliminate her husband. Therefore, no leniency should be shown to her.
After hearing the submissions raised by learned counsel for the applicant and the reply by the learned A.G.A. and upon perusal of the various documents annexed with the present bail application and also looking to the of the allegations made in the FIR, and considering the gravity of the offence, no good ground is made out for bail.
Observation made shall not prejudice the trial court while considering the case on merit.
Accordingly, this bail application is rejected at this stage.
Order Date :- 26.4.2019 Raj