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2025 DAILYLAW 169122 (ALL)

JAGMATI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/12600/2024 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17415 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12600 of 2024 Applicant :- Jagmati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Suresh Kumar Yadav, the learned counsel for the applicant, Sri Ajit Singh, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 400 of 2024, under Sections 103(1), 238 I.P.C., registered at Police Station Paraspur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.10.2024 stating that the informant's grand daughter aged about 8 months had gone missing in the morning of 18.09.2024. He had given information to the police on 29.09.2024 stating that his grand daughter had been taken away by some wild animal. The dead body of his grand daughter was found in the septic tank at 05.45 p.m. on 30.09.2024. Upon enquiry the informant came to know that the victim had been killed by her mother (the applicant). 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 23 years old innocent woman, she has been falsely implicated in the present case and she has no criminal history. It has further been stated in the affidavit that the informant and her family members were torturing the applicant for having delivered a baby girl. While the applicant was sleeping her baby daughter had gone missing and her father in law has falsely implicated the applicant. 5. The State has filed a counter affidavit annexing therewith copies of materials collected during investigation as well as copy of charge sheet submitted on 17.10.2024. Statement of Gram Pradhan Shiv Kailash Pandey has been recorded by the Investigating Officer who alleged that the applicant had confessed to him that she had herself killed her daughter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is mother of the victim, who was a girl child of about 8 months; that in the F.I.R. the informant who is father in law of the applicant stated that upon making enquires he came to know that the applicant had killed her daughter but he did not disclose the source of the information, subsequently the village pradhan stated that the applicant has confessed her guilt and the applicant has been implicated on that basis; that the applicant is a woman having no previous criminal history and she is languishing in jail since 03.10.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Jagmati be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench