Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 162639 (ALL)

SMT. PREMA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO

BAIL/10501/2024 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:22137 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10501 of 2024 Applicant :- Smt. Prema Devi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Mohammad Ashraf,Amit Shukla,Hari Om Pandey Counsel for Opposite Party :- G.A.,Ram Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Hari Om Pandey, learned counsel for the applicant as also Sri Devesh Kumar, learned A.G.A. for the State and Sri Ram Singh, learned counsel for the informant. 2. This application has been filed seeking bail of the applicant in F.I.R./Case Crime No. 154 of 2023 under Sections 302, 201, 34, I.P.C., P.S. Jamo, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.06.02023 stating that in the evening of 11.06.2023 the informant’s four year old son was playing in front of his house and thereafter he had gone missing. This information was given to the Police by dialing 112 at about 3.00 a.m. on 12.06.2023. His dead body was found in a dry drain near a pond at about 6.00 a.m. 4. The postmortem examination report of the deceased mentions as many as 12 burn injuries and the cause of death has been opined to be ‘Asphyxia due to strangulation’. 5. In the statement of the informant recorded under Section 161, Cr.P.C. he reiterated the F.I.R. version. In response to a question put by the investigating officer he stated that the deceased was son of his first wife, who had left his home, while the deceased was merely one year old. After about one-and-a-half years he married Renu. Renu suffered miscarriage several times, but thereafter she became pregnant. The deceased normally used to live with the informant’s father and his bhabhi. Statements of some other persons were also recorded by the investigating officer, which indicated towards involvement of the applicant in commission of offence and thereafter she has been made an accused. 6. In the affidavit filed in support of the application it has been stated that the applicant is innocent. She has been falsely implicated in the present case and she has no criminal history. 7. The State has filed a counter affidavit annexing therewith the relevant material collected during investigation. 8. The investigating officer has recorded statement of the applicant, wherein, she stated that her daughter Renu, who is second wife of the informant, was not conceiving. One Pujari was consulted and thereafter the applicant’s daughter got pregnant. The Pujari had asked that for welfare of the child some other child has to be sacrificed. Thereafter, the applicant consulted her daughter Renu and they decided that the four year’s old son of the first wife of the informant should be sacrificed. It is recorded in the case-diary that the Call Detail Record (C.D.R.) of the applicant has disclosed her persence at the time and place and occurrence. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the facts of the case do not warrant exercise of discretion of this court by ordering release of the applicant on bail. The bail application is accordingly rejected. (Subhash Vidyarthi, J.) Order Date :- 18.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench