PUSHPA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned A.G.A.for the State of U.P.and perused the record.

(2.) THIS bail application has been moved by the applicant Smt.Pushpa Devi with a prayer that she may be released on bail in Crime Case No. 4/22 of 2010 under sections 302, 201 I.P.C. , Police Station Narsena Bulandshahr, District Bulandshahr. The facts, in brief, of this case are that the FIR has been lodged by Naresh Kumar on 23.1.2010 at 9.15 P.M. in respect of the incident allegedly occurred on 23.1.2010 from 3 P.M. to 8.00 P.M.in which Prahalad and his wife Smt. Pushpa Devi are named as accused. It is alleged that the deceased Km. Gudiya, aged about 5 years, had left her house on 23.1.2010 at about 3.00 P.M. for playing purpose, she did not return upto 5.00 P.M., then her search was made. Prahalad and his wife Smt. Pushpa Devi were involved in Tantrik Kirya, suspicion was created upon them, then at about 8.00 P.M., the first informant and his brother Atar Singh and his nephew Chaman Singh saw the dead body of the deceased, which was kept in the plastic bag.

(3.) IN reply of the above contention, it is submitted by learned A.G.A.that for the purpose of sacrifice to obtain Tantrik Siddhi, the applicant and co-accused have committed the murder of 5 years old girl, the dead body of the deceased was found inside the courtyard of the applicant. According to the post mortem examination report, the cause of death was due to throttling. The scarf and dupatta used in the commission of the alleged offence were found tied around the neck of the deceased and the legs of the deceased were also tied by the plastic rope. It is a very heinous offence, in which an innocent 5 years old girl has been killed, in case the applicant is released on bail, she may tamper with evidence, therefore, the applicant may not be released on bail.