Bail application dismissed in murder case. Court rejected arguments regarding false implication and lack of direct evidence, citing gravity of offence and witness accounts.
Bail application is dismissed and prayer for bail is refused.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53700 of 2022
Applicant :- Suhani Mishra @ Seema Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Mishra,Anant Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Suneel Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to release the applicant on bail in case crime No. 301 of 2022, under sections 302, 120-B IPC, P.S. Badagaon, District Varanasi.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. Further contended that in the present case from the place of occurrence a blood stained brick has been recovered by the police, but the same was not recovered from the possession of the applicant or at his pointing out and also there is no direct or indirect evidence against the applicant in the commission of the alleged offence. There is no independent witness to support the prosecution version. The main allegation is against the coaccused Tarkeshwar Mishra and not against the present applicant and lastly argued that applicant is a lady and she is in jail since 23.07.2022, therefore, she may be released on bail.
Per contra learned A.G.A. for the State rebutted the above arguments stating that applicant-accused is named in the FIR along with son-in-law of the informant. The applicant was seen by the son of the deceased namely Ankit Mishra at 4.00 A.M. from the running condition from the alleged place of occurrence. In the case diary of Parcha No. 3 it is stated by independent witness namely Hitesh Kumar Mishra that he has heard the talk between the applicant and co-accused Tarkeshwar Mishra in which the applicant was saying to remove the deceased Gunja from the way, so that we may live together. There were love affairs between applicant and co-accused Tarkeshwar Mishra. According to inquest report the cause of death is head injury sustained by the deceased and the gravity of the offence is too much, therefore, the applicant may not be released on bail
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned A.G.A. for the State, gravity and severity of the offence and conduct of
the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, prayer for bail is refused.
Accordingly, this application is dismissed .
Order Date :- 25.1.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant satisfies the conditions to be released on bail in a murder case involving death by brain-injury.
2 provisions across 2 enactments
Suhani Mishra
State of U.P.
Dr. Gautam Chowdhary
As recorded by the court registry
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