Neutral Citation No. - 2025:AHC:3080 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46521 of 2024 Applicant :- Bhavna Arya Opposite Party :- State of U.P. Counsel for Applicant :- Lavlesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. Heard Sri Lavlesh Kumar Sharma, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Bhavna Arya, seeking enlargement on bail during trial in connection with Case Crime No. 159 of 2023, under Sections 302, 201, 34 I.P.C., registered at Police Station Mauranipur, District Jhansi. 3. The First Information Report of the present matter was lodged on 21.03.2023 by Satendra Kumar against the applicant, Narendra Arya, Prem Kumari @ Pinki and Arjun with the allegation that on 14.03.2023 his nephew had come from his house by telling that he is going to teach in the coaching. On 15.03.2023 at about 11.30 am a girl called on his phone and stated that she is Bhawna (the present applicant) daughter of Bal Kishun Arya of Jhansi and had called his nephew. Some dispute arose between them after which he committed suicide. She knows Shailendra Kumar since last five years. She stated that he may come after which he enquired from the neighbours and came to know that Shailendra @ Dev was living in the house of Draupadi Rai since last 09 months and had intense relations with Bhawna Arya the applicant and when there was dispute going on between him and Bhawna Arya the applicant then Narendra Arya, Prem Kumari @ Pinki and Arjun were present at the place who have murdered his nephew and to shield their act hung his body. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the conduct of the applicant shows that no lapse on her part. It is submitted that the applicant was present at the time of inquest on the body of the deceased Shailendra Yadav @ Dev. Further, while placing annexure 18 of the affidavit it is submitted that the applicant can be seen from the photographs to be only present at the place of occurrence without any overt act. It is submitted that the trial in the matter has started and the statement of two witnesses PW-1 and PW-2 have been recorded. It is submitted that the applicant has no criminal history as stated in para 40 of the affidavit and is in jail since 08.06.2023. 5. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and is involved in the matter. It is submitted that in so far as the photographs are concerned which are annexure 18 and have been placed before the Court, the same is a subject matter of trial. It is submitted that the statement of one Usha Devi who was the person who had before the death of the deceased seen Pinki, Arjun, Bhavna Arya the present applicant and Narendra with the deceased wherein quarrel was going on after which she went away. It is submitted that the witness Smt. Usha Devi has seen the applicant with three other accused persons with the deceased in the house after which the deceased was found dead. It is further submitted that the postmortem examination report of the deceased shows extensive struggle signs present on his body. It is submitted that there was fracture of laryngeal cartilage and also fracture of tracheal ring and the cause of death was opined as asphyxia as a result of antemortem strangulation. It is submitted that the postmortem examination report would go to show that the deceased was murdered in a very cruel manner. 6. Further, it is submitted that bail of co-accused Narendra Arya @ Neeraj has been rejected by this Court vide order dated 19.09.2023 passed in Crl. Misc. Bail Application No. 39609 of 2023 (Narendra Arya @ Neeraj Vs. State of U.P.). Further bail of co-accused Smt. Prem Kumari @ Pinki has been rejected by a co-ordinate Bench of this Court vide order dated 12.02.2024 passed in Crl. Misc. Bail Application No. 55464 of 2023 (Smt. Prem Kumari @ Pinki Vs. State of U.P.). Further, bail of co-accused Arjun Saini was also not granted and was disposed of with a direction to the trial court to conclude the trial vide order dated 23.05.2024 passed in Crl. Misc. Bail Application No. 35269 of 2023 (Arjun Saini Vs. State of U.P.). Copy of the said orders are annexed as annexure 20 respectively of the affidavit. It is submitted that the bail be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the FIR and there are allegations against her. Smt. Usha Devi the alleged witness has seen the applicant, Pinki, Arjun and Narendra Arya @ Neeraj in the room with the deceased having a fight after which she went away and then Shailendra Yadav @ Dev was found dead. The postmortem examination report of the deceased shows extensive injury and struggle that the deceased was murdered. The bail of co-accused Narendra Arya @ Neeraj, Smt. Prem Kumari @ Pinki and Arjun Saini has been declined. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 7.1.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad