HARVENDRI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Shiv Vilas Mishra, learned counsel for the first informant and Ms. Manju Thakur, learned AGA for the State and perused the material on record.

(2.) This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Harvendri @ Priti, seeking enlargement on bail during trial in connection with Case Crime No. 404 of 2019, under Sections 302, 120-B IPC, registered at P.S. Prem Nagar, District Jhansi.

(3.) Learned counsel for the applicant argued that the incident in the present matter is said to have taken place on 20.10.2019 at 19:30 hrs to 21.10.2019 at 09:00 A.M. in which the First Information Report was lodged on 22.10.2019 at about 23:02 hrs by Anil Kumar, the father-in-law of the deceased. It is stated that the same has been registered after the recovery of the dead body of Vivek Upadhyay who is the deceased which was recovered on 21.10.2019 at about 09:00 AM. The version as stated in the First Information Report is that the first informant was residing with his daughter Smt. Sonia Upadhyay and her husband Vivek Upadhyay who is the deceased in the present matter and on 20.10.2019 at about 07:30 PM Vivek Upadhyay left the house in his car stating that he will be returning in half an hour. It is further stated that he did not return till late night on which an effort was made to call him on his mobile but the same was switched off, repeated attempts were made on the mobile. On the next day i.e. 21.10.2019 at about 09:00 AM, an information was received by the first informant that a car is standing near a canal in village Naya Gaon in which there is a dead body present. On the said information, the first informant along with his daughter went to the place of occurrence and saw that his son-in-law Vivek Upadhyay is lying dead at the back seat of the car. It is then alleged that the dead body has been sent by the police for postmortem. It is further alleged in the FIR that the son-in-law of the first informant has been murdered in the night of 21.10.2019 by some unknown persons. The First Information Report has been registered against unknown persons. It is then argued that later on, an application dated 26.10.2019 was given by Dinesh Kumar, the father of the deceased to the S.H.O. P.S. Prem Nagar, District Jhansi, copy of which is annexed as annexure 5 to the affidavit in which he has stated that his daughter-in-law Smt. Sonia Upadhyay was a lady of bad character and had illicit relations with many persons, due to which, his son had developed the habit of consuming liquor as was disturbed and he used to remain intoxicated regularly. The deceased is said to be not having any specific work as his profession but used to survive by selling the properties which fell in his share. In the said application, after mentioning about the strained relationship between the deceased and Smt. Sonia it is mentioned that Smt. Sonia was contacted by him along with his son-in-law Dharmendra Dubey to which Smt. Sonia stated that since she had strained relationship with her husband she was disturbed as a result of which she, present applicant Harvendri @ Priti, Anand and Sukhnandan as a conspiracy in greed of property and in the event of settling herself with some other person, has committed the murder of her husband to which she has repentance.