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2024 DIGILAW 865 (ALL)

Beby v. State of U. P.

2024-03-20

RAJ BEER SINGH

body2024
JUDGMENT : 1. Supplementary affidavit filed by learned counsel for the applicant-accused today, is taken on record. 2. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by the applicant-accused in case crime No.405 of 2023, under Sections 302, 201, 120-B IPC, police station Bichhanwa, District Mainpuri with the prayer to enlarge the applicant on bail. 4. According to prosecution version, on 30.10.2023 at 10.30 AM, the daughter of informant has gone to hospital to deliver food to her grandfather but she did not reach there and thereafter, an application was made to the police. On 31.10.2023 the dead-body of deceased was found near village Gadiya Seelam. The first information report was lodged against one Dinesh and Vishesh by the informant alleging that she suspects that said Dinesh and Vishesh were involved in the incident. 5. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and she has been falsely implicated in this case. The applicant is not named in the first information report. During investigation, it was revealed that deceased was having an affair with a boy and that on the night of 30.10.2023, the father of victim girl was seen in suspicious condition at Kurnool Road in a car, which has later on went to the house of father of victim girl. Some witnesses have made statements that they suspect that father of victim girl namely, Kishanpal Singh @ K.P. and his family members have committed murder of deceased due to the reason that she was having an affair with boy and that wife and sister of said Kishanpal Singh @ K.P. namely, Sudha @ Guddi Devi and Beby (applicant) were also involved in the incident. Learned counsel submitted that there is no eye-witness of alleged incident. As per statement of co-accused Kishanpal Singh @ K.P., who is father of victim girl, he has committed murder of deceased and that applicant Beby and co-accused Sudha @ Guddi Devi remained standing at the door so that some outsider may not know about the incident and later on, the death-body was thrown in the area of another district by taking the same in a Eeco car. Learned counsel submitted that applicant is sister of co-accused Kishanpal Singh @ K.P. and she has absolutely no motive to indulge in the incident. Learned counsel submitted that applicant is sister of co-accused Kishanpal Singh @ K.P. and she has absolutely no motive to indulge in the incident. The applicant was not seen in the Eeco car, which was seen near the alleged spot of recovery of dead-body. The alleged recovery of "angocha" used in the incident has been made at the instance of co-accused Kishanpal Singh @ K.P. The cause of death of deceased has been shown strangulation. Referring to facts of the matter, it was submitted that there is no credible evidence against the applicant. Lastly, it has been submitted that applicant-accused is a lady and she is languishing in jail since 28.01.2024, having no criminal history, and that in case the applicant-accused is released on bail, she will not misuse the liberty of bail and will co-operate in trial. 6. Learned A.G.A. has opposed the bail application and submitted that it is a case of honor killing and applicant was involved in the incident. 7. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed. 8. Let the applicant-accused Beby involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.