Smt Kiran and Another v. State of U.P. and Another

Court No. - 85

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13029 of 2022

Applicant :- Smt Kiran And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh Patel Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

Hon'ble Mrs. Jyotsna Sharma,J.

1. Heard Virendra Singh Patel, learned counsel for the applicants, Sri Dhirendra Kumar Verma, learned counsel for the first informant, learned AGA for the State and perused the papers on record.

1. The present application has been moved seeking anticipatory bail in Case Crime no. 181 of 2022, u/s 306 I.P.C., P.S. Tahrauli, District Jhansi.

1. As per prosecution case, the first informant's father (applicant No.2) used to bring one Kiran (applicant No.1) to his house. The first informant and his mother used to object but the applicants did not desist, instead the first informant's mother was manhandled, physically assaulted and abused by the applicants. It is alleged in the F.I.R. that the first informant, when he returned to his house, found his mother lying on the ground and was looking puzzled and stressed. The first informant asked for the reason and she said that she had consumed some poison due to torture by the applicants. It is alleged in the F.I.R. that she was taken to the hospital, however, she died the same day.

1. It is contended on behalf of the applicants that the first informant himself has given an affidavit before the S.S.P., Jhansi stating therein that his mother was not in right mental state and he took her to the hospital on the information given by the covillagers. On the basis of the above affidavit, it is contended that the applicants have been exonerated by the first informant himself and in such circumstances, as no good evidence is available on record against them, they deserve to be enlarged on anticipatory bail.