High Court

2. This is the second bail application. The first bail application of the applicant bearing Bail No.6665 of 2023 was dismissed by this court vide order dated 26.02.2024, the order is extracted below:- "1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

2. The present bail application has been filed by accused- applicant seeking bail in Case Crime No.240 of 2022, under Section 306 I.P.C., P.S. Huzurpur, District Bahraich.

3. It is alleged in the prosecution case that son of the informant Shushil Kumar aged about 19 years while he was alone at home on 03.07.2022 in the morning at 09:30 am and the informant went to do the work as a labourer at the place of Village Pradhan, he was informed by the villagers that his son Shushil Kumar has died. When he reached home, he saw that in front of the informant's house inside the house of the Rajesh (husband of the applicant) in a room, Shushil Kumar was locked and the door was closed from outside. He was brought out by the villagers including the applicant and was taken to C.H.C. where doctors declared him dead. Suspicion has been raised that his son was murdered by the accused persons due to illicit relationship with the applicant.

4. Learned counsel for applicant submits that its a case of circumstantial evidence. No one has seen the incident. The deceased has committed suicide. Applicant is a lady. She has nothing to do with the incident.

5. Learned A.G.A. has opposed the bail prayer and has submitted that cause of death could not be ascertained during the post mortem. Viscera was preserved. In the viscera aluminium phosphate was found. There was illicit relationship between the deceased and the present applicant. The call detail records have been collected by the Investigating Officer and it has come that between 22.06.2022 and 03.07.2022, they have contacted 135 times and messages were exchanged. It is submitted by learned A.G.A. that in the post mortem report, three ante mortem injuries in the shape of abraded contusion have also been found on the body of the deceased. Deceased has died in unnatural circumstances inside the house of the present applicant. The onus is on the applicant to explain as to how the deceased died.

6. Perused the record.

7. Prima facie there appears to be ample corroborative evidence showing the complicity of the applicant and coupled with the fact that deceased died within the house of the applicant for which no explanation could be given by the applicant, its a heinous offence and not a fit case for enlarging the applicant on bail. The bail application is rejected.

8. The trial court is directed to expedite the trial proceedings and conclude the same preferably within a period of one year from the date of receipt of a copy of this order.

9. Office is directed to transmit a copy of this order to the trial court forthwith.

10. Applicant is at liberty to revive his bail plea after the fact witnesses have been examined."

3. The present bail application has been filed by accused- applicant seeking bail in Case Crime No.240 of 2022, under Section 306 I.P.C., P.S. Huzurpur, District Bahraich.

4. Learned counsel for the applicant submits that in the following changed circumstances he is pressing this second bail application:- (i) After rejection of the first bail application, three fact witnesses P.W.1, P.W.2 and P.W.3 have been examined before the trial court and from perusal of the statement of P.W.1, P.W.2 and P.W.3 no offence under Section 306 IPC appears to have been made out. (ii) Applicant is in jail since 15.03.2023 with two years old girl child. (iii) All the fact witnesses have been examined hence, there is no chance of tampering the evidence only formal witnesses are left to be examined.

5. On the other hand learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer.

6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 15.03.2023 with a minor girl aged about two years, report of the learned court below dated 17.01.2025 shows that four witnesses including three fact witnesses have been examined, Investigating Officer has also been examined only doctor and second Investigating Officer is left to be examined, there appears to be no chance of tampering the evidence, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

7. Accordingly, the bail application is allowed.

8. Let the applicant Munni Devi be released on bail in aforesaid case crime number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 6.2.2025 Saurabh Yadav/-

2. This is the second bail application. The first bail application of the applicant bearing Bail No.6665 of 2023 was dismissed by this court vide order dated 26.02.2024, the order is extracted below:- "1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

2. The present bail application has been filed by accused- applicant seeking bail in Case Crime No.240 of 2022, under Section 306 I.P.C., P.S. Huzurpur, District Bahraich.

3. It is alleged in the prosecution case that son of the informant Shushil Kumar aged about 19 years while he was alone at home on 03.07.2022 in the morning at 09:30 am and the informant went to do the work as a labourer at the place of Village Pradhan, he was informed by the villagers that his son Shushil Kumar has died. When he reached home, he saw that in front of the informant's house inside the house of the Rajesh (husband of the applicant) in a room, Shushil Kumar was locked and the door was closed from outside. He was brought out by the villagers including the applicant and was taken to C.H.C. where doctors declared him dead. Suspicion has been raised that his son was murdered by the accused persons due to illicit relationship with the applicant.

4. Learned counsel for applicant submits that its a case of circumstantial evidence. No one has seen the incident. The deceased has committed suicide. Applicant is a lady. She has nothing to do with the incident.

5. Learned A.G.A. has opposed the bail prayer and has submitted that cause of death could not be ascertained during the post mortem. Viscera was preserved. In the viscera aluminium phosphate was found. There was illicit relationship between the deceased and the present applicant. The call detail records have been collected by the Investigating Officer and it has come that between 22.06.2022 and 03.07.2022, they have contacted 135 times and messages were exchanged. It is submitted by learned A.G.A. that in the post mortem report, three ante mortem injuries in the shape of abraded contusion have also been found on the body of the deceased. Deceased has died in unnatural circumstances inside the house of the present applicant. The onus is on the applicant to explain as to how the deceased died.

6. Perused the record.

7. Prima facie there appears to be ample corroborative evidence showing the complicity of the applicant and coupled with the fact that deceased died within the house of the applicant for which no explanation could be given by the applicant, its a heinous offence and not a fit case for enlarging the applicant on bail. The bail application is rejected.

8. The trial court is directed to expedite the trial proceedings and conclude the same preferably within a period of one year from the date of receipt of a copy of this order.

9. Office is directed to transmit a copy of this order to the trial court forthwith.

10. Applicant is at liberty to revive his bail plea after the fact witnesses have been examined."

3. The present bail application has been filed by accused- applicant seeking bail in Case Crime No.240 of 2022, under Section 306 I.P.C., P.S. Huzurpur, District Bahraich.

4. Learned counsel for the applicant submits that in the following changed circumstances he is pressing this second bail application:- (i) After rejection of the first bail application, three fact witnesses P.W.1, P.W.2 and P.W.3 have been examined before the trial court and from perusal of the statement of P.W.1, P.W.2 and P.W.3 no offence under Section 306 IPC appears to have been made out. (ii) Applicant is in jail since 15.03.2023 with two years old girl child. (iii) All the fact witnesses have been examined hence, there is no chance of tampering the evidence only formal witnesses are left to be examined.

5. On the other hand learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer.

6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 15.03.2023 with a minor girl aged about two years, report of the learned court below dated 17.01.2025 shows that four witnesses including three fact witnesses have been examined, Investigating Officer has also been examined only doctor and second Investigating Officer is left to be examined, there appears to be no chance of tampering the evidence, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

7. Accordingly, the bail application is allowed.

8. Let the applicant Munni Devi be released on bail in aforesaid case crime number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 6.2.2025 Saurabh Yadav/-