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2025 DAILYLAW 21659 (ALL)

URMILA v. STATE OF U.P.

BAIL/6179/2025 · 2025-05-08

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75636 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6179 of 2025 Applicant :- Urmila Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Krishna Kumar Sharma, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Urmila, seeking enlargement on bail during trial in connection with Case Crime No. 222 of 2024, under Sections 103(1), 238, 3(5) BNS, registered at P.S. Binauli, District Baghpat. 4. The FIR of the matter was lodged on 30.09.2024 by Malook against unknown person alleging therein that on 29.09.2024 he was in his house wherein at about 11:45 pm he received an information that cow dung cake has been burnt, the same was at around 500 meters away from the house. He went there and found an unknown body was also burnt in it. He informed the police on 112 number. There is a suspicion that someone with an intention to murder and has burnt it. FIR be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not named in the FIR. It is further submitted that subsequently the dead body was taken out and the postmortem of the deceased was conducted as an unknown female aged about 20- 22 years and the doctor found the following two injuries on her body: "1. 100% burn all over body. 2. Arround the neck one burn cloth found." 6. It is submitted further that the cause of death was opined as asphyxia due to strangulation. It is submitted that there is no eye witness to the murder. The implication of the applicant is on the basis of suspicion only. It is submitted that subsequently the said dead body was identified as that of Km. Komal the daughter of the applicant. It is submitted that the present case is a case of circumstantial evidence and the links in the chain of circumstances are missing. It is submitted that there is no credible evidence against the applicant. The applicant is a lady and she is entitled to the benefit of Section 480 BNSS. It is further submitted that the applicant has no criminal history as stated in para 3 of the supplementary affidavit dated 05.05.2025 and is in jail since 04.10.2024. 7. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the mother of the deceased. It is submitted that the present case is a case of honor killing. It is submitted that the cause of death is opined as asphyxia due to strangulation which is not an accidental or a suicidal death. It is submitted that there are four eye witnesses of the incident namely Shahnaaz, Satyendra, Nawab and Satish who saw the applicant and other accused persons taking something in their vehicle to the place of occurrence. It is submitted that the implication of the applicant is there and the links in the chain of circumstances are completed. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother of the deceased Komal. The deceased was found to have received two injuries on her person. The cause of death is asphyxia due to strangulation which cannot be an accident or suicide. The present case is a case of honor killing. The implication of the applicant has surfaced during investigation. No ground is made out. I do not find it a fit case for bail. 9. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. Order Date :- 9.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad