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2025 DAILYLAW 79954 (ALL)

SHIKHA SHAMA v. State of UP

BAIL/28149/2024 · 2025-03-17

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38594 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28149 of 2024 Applicant :- Shikha Shama Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in Case Crime No. 412 of 2023, under Section 302 I.P.C., Police Station - Chhibramau, District - Kannauj, with the prayer to enlarge the applicant on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and falsely implicated in this case. Applicant is the wife of the deceased. Learned counsel has referred the statement of P.W.-1, who in his cross-examination has stated that on the night of the incident deceased along with her children has gone to see a fair and thus, on the night of incident she was not present there. Referring to the cross-examination of informant / P.W.-1, it was stated that the deceased has been murdered by someone else by strangulating him. It is further submitted that after rejection of first bail application of applicant, statement of P.W.-2 Kumari Nandini, who is daughter of deceased, has been recorded before the Trial Court. Learned counsel has referred cross- examination of P.W.-2, wherein she has inter alia stated that earlier due to land dispute a quarrel has taken place between her father (deceased) and uncle and police have also come and due to this reason this case has been lodged against her mother. It was submitted that in view of facts emerged in cross-examination of P.W.-2, the involvement of applicant is doubtful. Applicant is a lady and she is in jail since 09.06.2023. It was submitted that in case applicant is released on bail, she will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the bail application and submitted that there is evidence that applicant was having illicit relation with co-accused Sagir and both of them have committed murder of deceased by strangulation. Seventeen injuries have been shown on body of deceased. It was pointed out by learned A.G.A. that in her examination-in-chief, P.W.-2 has made a categorical statement that her mother (applicant) and co-accused Sagir have strangled her father to death. 5. Considering submissions of learned counsel for the parties and all attending facts, no case for bail is made out, at this stage. 6. Accordingly, the instant second bail application filed on behalf of applicant is rejected. 7. Considering the period of detention of applicant, the Trial Court is directed to expedite the trial and to conclude the same, as early as possible, preferably within a period of ten months from the date of receipt of copy of this order. 8. A copy of this order be transmitted to the Trial Court concerned for necessary compliance. Order Date :- 18.3.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad