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2025 DAILYLAW 108382 (ALL)

SMT REKHA v. STATE OF U.P.

BAIL/43231/2024 · 2025-07-14

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113905 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43231 of 2024 Applicant :- Smt. Rekha Opposite Party :- State of U.P. Counsel for Applicant :- Akash Pundir,Pawan Singh Pundir Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pawan Singh Pundir, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.210 of 2023, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Bargaon, District Saharanpur with the prayer to enlarge her on bail. 4. As per prosecution story, the applicant, who happens to be the mother-in-law of the deceased, is stated to have assaulted the deceased with stone and caused injuries to her on 25.10.2023. 5. The deceased was rushed to hospital, where she succumbed to the injuries on 26.10.2023 at about 1:45 p.m. 6. Learned counsel for the applicant has stated that the deceased was admitted at hospital by her brother, who is stated to be the eye-witness, and it is mentioned in the death memo that the cause of injuries was due to an altercation and fall from stairs, as such, it is a clear-cut case of false implication. 7. Learned counsel for the applicant has further stated that the FIR itself is delayed and there is no proper explanation of the said delay caused. The applicant is in jail since 27.10.2023 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Per contra, learned A.G.A. has vehemently opposed the bail application and has stated that it was the foremost duty of the informant to first save the life of the deceased person, as such, she was rushed from Saharanpur to Meerut and admitted in a private hospital, whereby she succumbed to the injuries the next day on 26.10.2023 at about 1:45 p.m. and subsequent to it, the FIR has been instituted the same night at 9:33 p.m. 9. Learned A.G.A. has further stated that the majority of the injuries sustained by the deceased person are on the cranial area of the deceased person, as such, it is a clear-cut case of culpable homicide committed by the applicant. No other family members of the applicant have been implicated in the case. The applicant is the mother-in-law of the deceased and has committed gruesome murder of a pregnant daughter-in-law, as such, the applicant is not entitled for bail. 10. Learned A.G.A. has also stated that only two injuries have been observed on the bilateral knees of the deceased person, which was but natural to be caused by fall on the floor. 11. After hearing learned counsel for the parties and taking into consideration the injuries sustained by the deceased person and the applicant being the solitary accused person named in the FIR, I do not find it a fit case for grant of bail to the applicant. 12. The bail application is found devoid of merits and is, accordingly, rejected. 13. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad