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Allahabad High Court · body

2013 DIGILAW 1697 (ALL)

Sharda v. State of U. P.

2013-06-27

VISHNU CHANDRA GUPTA

body2013
Vishnu Chandra Gupta, J.— Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The accused-applicant is involved in Case Crime No.25 of 2013, under Sections 302, 201 I.P.C. Police Station Arwal, District - Hardoi. It is submitted on behalf of petitioner that the case is based on circumstantial evidence. The wife of Balram (Complainant) was found missing since 24.1.2013 from his house in the after-noon. The report of missing has been lodged by Balram in the concerned police station on 25.1.2013. On 28.1.2013 the dead body of wife of complainant Jagrani was found in the field of one Uma Charan. Balram has given the information of recovery of dead body to the police in writing. On 4th of February, 2013 the complainant gave a written information that when he left the house on 24.1.2013, she saw the applicant, husband of the present applicant Vishnu with Sant Ram and Dhani Ram. When he came back about 5 PM, his wife was missing and the present applicant and her husband Vishnu and other companions were also disappeared. He also alleged in the report that in the night he saw that Vishnu and Sant Ram were carrying something jointly on their back. The sons of the complainant, namely, Pramod and Satendra saw that they entered the field of Uma Charan and thereafter they disappeared. Later on, on 28.1.2013 the dead body was recovered from the filed of Uma Charan. On the basis of this, he said that these persons committed the murder of his wife. The evidence has been collected during investigation to the effect that on account of some dispute arise between Vishun and Balram, who are the real brothers, quarrel took place in between husband and his brother Balram and his wife. The wife of Balram was ill tempered lady. Later on Vishun and Sant Ram were arrested by the police. On the pointing out of complainant and the Sari of the deceased was recovered from the house of Vishun.Rope by which the deceased was killed and in the house of Vishun on the pointing out of Vishnun and Santram It has been admitted by the Investigating Officer during the course of investigation that Vishun and Sant Ram committed the murder of Jagrani in the house of Vishun and her dead body was thrown in the field of Uma Charan. From perusal of the entire material available on record it reveals that circumstances against the the present applicant, who is wife of Vishun, is of abscondence after the date of commission of offence and that she being wife must aware with the crime. No other circumstance appears to be available on record against her. Learned A.G.A. has opposed the prayer for bail and submitted that since applicant used to reside with her husband in the house, she must have also aware with all facts. Considering the facts and circumstances of the case and without expressing any opinion on the merit of the case, I find it to be a fit case for bail. Let the accused-applicant (Smt.Sharda) involved in Case Crime No. 25 of 2013, under Sections 302, 201 I.P.C. Police Station Arwal, District - Hardoi. be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. _____________