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2025 DAILYLAW 85782 (ALL)

RAKHI VERMA v. State of U.P.

BAIL/29971/2024 · 2025-05-25

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88880 Reserved on 21.5.2025 Delivered on 26.5.2025 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29971 of 2024 Applicant :- Rakhi Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Uttam,Vikas Kumar Chaubey Counsel for Opposite Party :- Abhishek Kumar Singh,G.A. Hon'ble Siddharth,J. Heard Ramesh Kumar Singh, Advocate, holding brief of Sri Vikas Kumar Chaubey, learned counsel for the applicant; Sri Abhishek Kumar Singh, learned counsel for the informant, learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Rakhi Verma, with a prayer to release him on bail in Case Crime No. 80 of 2022, under Section 302 IPC, Police Station Kapsethi, District- Varanasi, (Session Trial No.735 of 2022), during pendency of trial. There are allegations in the FIR that on 21.4.2022 at about 9:30 a.m., the applicant, Rakhi Verma, called his sister-in-law (Bhabhi), Kanchan Verma, on phone. His brother, Sanjay Verma, dropped his sister-in-law to the house of the applicant, Rakhi Verma. At about 10:30 a.m., the applicant, Rakhi Verma, and her sister-in-law, Seema, called on the mobile phone of his brother and stated that called on number 112 and came and took back, Kanchan Verma. When brother of the informant went to the house of applicant, he saw the applicant sitting with a spade for committing the offence of murder of his wife. He came back to his house and informed the family members. They went there and found the applicant alongwith co-accused, Seema, Amit Kumar and Bajrangi in the house. Thereafter FIR was lodged. Learned counsel for the applicant has submitted that the prosecution case alleged is highly doubtful. No person will sit with a spade near the dead body after committing the offence of murder. Even after the murder was discovered by the husband of the deceased, he went back to his house and brought his entire family members to the house of the applicant and five co-accused including the applicant found in their house. Learned counsel for the informant and learned AGA have vehemently opposed the prayer for bail of the applicant and has pointed out to the statements of the independent witnesses collected by the Investigating Officer that all have stated that applicant caused the murder of deceased, Kanchan Verma, by spade despite being to a good friend and found sitting near the dead body of deceased with spade. There was blood of all around. Learned counsel for the informant has submitted that applicant is main accused and has been assigned definite role in the incident. He has annexed a photographs of the deceased lying on the floor in front of Rakhi Verma sitting in room with blood stained spade with blood all around. This Court, after hearing the learned counsels for the parties, does not finds any ground for enlarging the applicant on bail at this stage. The bail application is, accordingly, rejected. The trial court is directed to conclude the trial against the applicant, as expeditiously as possible, as per Section 346 B.N.S.S./309 Cr.P.C. Order Date :- 26.5.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad