Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25979 of 2021 Applicant :- Shanti Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Narayan Gupta
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Shanti Devi, who is involved in Case Crime No. 45 of 2021, under section 302 IPC, police station Narahat, district Lalitpur, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, Rajkumar, the informant lodged first information report dated 03.04.2021 at 2.34 hours in respect of incident, which took place on 02.04.2021 at 21.00 hours for the offence under section 302 IPC against four accused persons, namely, Sultan Singh, Shanti, Jitendra Singh and Mahendra Singh alleging inter alia that on 02.04.2021 at about 9.00 p.m. his brother Kashiram was going to get the wheat grinded at the floor-mill, but due to old enmity, accused Sultan Singh started abusing him in the way, when his brother resisted for the same, accused persons, namely, Shanti, Jitendra Singh and Mahendra Singh caught hold him and accused Sultan Singh blew a trident (trishul) in the neck of Kashiram. On hearing the shrieks of Kashiram, Santosh Kumar, Lakhan Patel and the informant Rajkumar reached at the spot, but the accused persons were fled away from the place of occurrence.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that the applicant is lady. It is next submitted by the learned counsel for the applicant that there is no recovery has been made from the possession or pointing out of the applicant. In fact, recovery of trident (saang/trishul) has been made on the pointing out of co- accused Jitendra Singh from his house. Learned counsel for the applicant also submitted that only role of catching hold of the deceased has been assigned to the present applicant. It is also submitted that the applicant has no criminal antecedent to her credit and is facing detention since 03.04.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that role of catching hold of the deceased has been assigned to the applicant and two other accused persons and co-accused Sultan Singh had brutally committed the murder of the deceased by blowing trident (trishul) on his neck. As per post-mortem report of the deceased, the cause of death of the deceased is shock and haemorrhage due to ante-mortem injury. Hence the applicant is not entitled to be released on bail.
Considering the facts and circumstances of the case, submissions advanced on behalf of parties, gravity of the offence and severity of the punishment, the commission of murder of the deceased is barbaric and brutal in nature. The applicant Shanti Devi, and other co-accused Jitendra Singh and Mahendra Singh have involved in facilitating to commit the murder of the deceased by co-accused-Sultan Singh by blowing trident (trishul/saang) in the neck of the deceased. It is a barbaric and brutal murder of the deceased. The deceased received a deep wound (puncture) size 0.5 cm x 0.5 cm upto heart, deep upto auricle of heart left side with clot present and both chamber of heart empty and blood about 2 litre collected in cavity, open wound upto skin (stab type). The recovery of weapon of assault i.e. trident (saang/trishul) from the house of accused persons, has been made on the pointing out of co- accused Jitendra Singh, who is the son of the applicant. I do not find any good ground to grant bail to the applicant.
Accordingly, the bail application is rejected.
It is directed that in case certified copy of this order is not issued due to COVID-19 pandemic, the copy of the order downloaded from the official website of the Allahabad High Court shall be acted upon.
Office is directed to sent a copy of this order to the informant of this case within two weeks.
Order Date :- 12.8.2021 Sazia Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.13 18:16:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad