Smt. Kela Devi v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4465 of 2019

Applicant :- Smt. Kela Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged by applicant's son Neeresh Kumar on 9.10.2017, wife of first informant gave birth to a daughter at C.H.C. Maho, P.S. Hathras at about 11:00 p.m. and being third daughter of applicant, she was killed and thrown out of C.H.C., Hathras by applicant, upon which Dogs dragged her body, eaten her hands; that it is wrong to say that applicant caused death of newly born daughter of first informant; that entire prosecution story is absolutely false and incorrect; that first informant and his wife have not supported prosecution case in their statements on oath before trial court and have turned hostile; that in his statement before Court, first informant has stated that F.I.R. was got written by Dinesh Nakhariya, Village Pradhan and he signed the written report under unconscious state of mind; that Village Pradhan has falsely named applicant as real culprit; that in this case there is no eye witness account to show that applicant caused death of newly born daughter or thrown her before Dogs; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 10.10.2017.

Learned AGA vehemently opposed the prayer of bail and contended that this a clear case of gender bias against girls, where applicant being grand mother of newly born daughter caused death of newly born daughter and thrown her before dogs only on account of fact that wife of first informant gave birth to a daughter on third time; that it is very bad incident where for want of male child, brutal murder of innocent female child was committed; that statement of Neeresh Kumar first informant on oath that written report was prepared at his dictation and he signed it in unconscious state of mind is absolutely false and self contradictory; that Village Pradhan had no motive to falsely implicate applicant; that first informant and