Dismissed

Smt. Meena Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC19 Sept 2024/2148/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C., the Allahabad High Court, Lucknow Bench, rejected the applicant's plea. The court held that the complicity was evident, the applicant was not cooperating with the investigation, and she had absconded by locking her house. Therefore, custodial interrogation was deemed necessary.

What did the court decide?

Application for anticipatory bail rejected; custody granted for interrogation.

Smt. Meena Mishra Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64752

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2148 of 2024

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Applicant :- Smt. Meena Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another

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Counsel for Applicant :- Mohd.Anas Siddiqui,Mohd. Vakar Khan Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.301 of 2024 under section 306 I.P.C., P.S. Gudamba, district Lucknow.

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2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

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3. The prosecution case is that mother-in-law of the complainant was having illicit relationship with the co-accused Tabrez @ Sameer. Objections were raised by husband of the complainant and they used to beat him. Tabrez also kept evil eye on her. She told about this to her husband. Due to the said state of affairs, her husband sent her to her parental house on 29.05.2024. On 10.06.2024, her husband made a video call to her and said that he is fed up with his parents and Tabrez and will commit suicide. When she along with his brothers reached there, she found her husband lying dead. Her husband has committed suicide due to her mother-in-law, father- in-law and Tabrez.

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4. Learned counsel for the applicant submits that no case under section 306 I.P.C. is made out against the applicant. Ingredients to attract section 306 I.P.C. are missing in the prosecution case. Mere extra marital affairs cannot be a ground to invoke the said

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section.

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5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that according to statement of the complainant, the co-accused Tabrez was not only having extra marital affairs with the complainant's mother in law but also was indulged in selling of ancestral property of the father in law of complainant's sister and her relative. Due to this fear, the complainant was sent by the deceased to her parents. Not only the extra marital affair, the allegation of beating the deceased is also on the co-accused Tabrez and the applicant. Due to the conduct of the applicant and the coaccused Tabrez, the deceased committed suicide. The offence is grievous.

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6. Considering the above aspects of the matter, perusal of the record, grievous nature of the offence, prima facie, it cannot be said that it is a case of false implication, the complicity of the applicant is evident, the applicant is not cooperating in the investigation and is absconding after putting a lock at her house and keeping all this in view, custodial interrogation appears to be necessary. Thus, no case for anticipatory bail is made out.

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7. The application is rejected.

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Order Date :- 19.9.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Smt. Meena Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Smt. Meena Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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