AYSHA KHATOON Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and Mr. Rabindra Kumar Singh, learned Additional Government Advocate representing the State and perused the record of the case.

(2.) The instant bail application has been filed on behalf of the applicant, Smt. Aysha Khatoon, with a prayer to release her on bail in Case Crime No. 454 of 2020, under Sections 302, 201, 120-B and 34 IPC, police station Partapur, district Meerut, during the pendency of trial.

(3.) In short compass the facts of the case as unfolded by the prosecution in the first information report are that the complainant, Chanchal Chaudhry, who is friend of one of the deceased-Priya has lodged the first information report on 14.7.2020 at about 10.10 A.M. against the co-accused, Shamshad (husband of the present applicant, Smt. Aysha Khatoon) for the offence under Section 364 IPC, which was registered as Case Crime No. 454 of 2020 at police station Partapur, district M eerut to the effect that the co-accused Shamshad, who is Muslim by caste and was already married with the present applicant had lured and masquerade the deceased-Priya five years ago and had solemnized his second marriage with her. Thereafter, deceased-Priya and her daughter, Kashish (second deceased of this case) were residing with him. After the marriage, the deceased-Priya has telephonically informed the complainant that as she (deceased-Priya) came to know about the first marriage of the co-accused Shamshad, he used to torture and harass and threatened the deceased and her daughter of dire consequence. The Report further mentions that for the last time i.e. on 28.3.2020, the complainant had a conversation with the deceased Priya on phone, and thereafter no telephonic conversation was made between the complainant and deceased. Thereafter, when the accused, Shamshad sold the flat, which was in the name of deceased-Priya and also withdrew the amount from the bank account of the deceased by cheque, then the complainant raised a suspicion that something wrong has happened with both the deceased. The complainant also came to know that scooty of the victim bearing No. UP 14 CY-840 was also lying in the Partapur police station unclaimed. In such a situation, having no option left, the complainant had given a written report (Tehreer) in the Partapur police station, in which no action was taken by the police and on the pressure of the police personnel she had given an application that she does not want to take any action. Thereupon, the complainant has lodged the present first information report raising suspicion that something untoward has happened with her friend-Priya and her daughter-Kashish.