PREMA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jyotindra Mishra learned Senior Counsel assisted by Sri Kapil Mishra learned counsel for the accused-applicant, learned A.G.A. for the State and Sri Manish Srivastava holding brief of Sri Ankit Trivedi learned counsel for the complainant.

(2.) This bail application has been filed by the accused-applicant Smt. Prema Devi, who is involved in Case Crime No. 351 of 2019, under Ss. 302, 307, 352 IPC, Police Station Kothi, District Barabanki.

(3.) This is second bail application. First bail application was rejected by order dtd. 13/10/2020 on the ground that it was a broad daylight murder and the presence of the accused applicant besides the role assigned to her is specific. Later on, co-accused Pratap who was assigned the similar role of catching hold has been enlarged on bail by this Court in Crl. Misc. Bail Application No. 4626 of 2020 on 18/2/2022. The evidence of P.W. 1 has also been recorded. The P.W. 1 in the cross-examination has altered the version of the prosecution story to the extent that the banka used by Krishna Kumar is said to have hit the deceased while running in the garden. The applicant is in jail since 18/12/2019. The applicant does not have any past criminal history.