CHAMPA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and learned A.G.A. Perused the record. This is second bail application made on behalf of applicant Smt. Champa, mother -in -law of the deceased who is detained in jail in case crime No. 134 of 2011 under sections 147, 148, 149, 302, 201 I.P.C., P.S. Chaubepur, District Varanasi since 25.11.2011. Her first bail application was rejected on merit vide order dated 13.3.2012.

(2.) THIS bail application has been pressed on the grounds of her long detention in jail since 25.11.2011 and no progress in the trial. Learned Counsel for the applicant has argued that the applicant is a lady and she is languishing in jail since 25.11.2011 and the story of the crime as setup by the prosecution is not worth reliable.

(3.) AS regards the contention that there is no progress in the trial, learned A.G.A. has repelled his submission and argued that prosecution has already examined two prosecution witnesses in -chief but dilatory tactics are being adopted by defence as is apparent from the perusal of the order sheets including order dated 4.4.2014, the certified copy of which has been filed on record wherein the learned trial court has specifically mentioned that Ishita (P.W. 2) has been examined -in -chief and thereafter at least twenty -one times the case has been adjourned on the adjournment application of accused persons to cross -examine the said witness who is student in a Graduation Class and her annual examination was scheduled on 10.4.2014. Learned Trial Court has observed that defence is not co -operating with the trial and that is why cross -examination of the witness is not being completed by the accused. It is a murder case of the daughter -in -law of the applicant. The said murder has allegedly taken place inside the house of the applicant and her dead body was found at the bank of Gomati River. The autopsy shows that deceased died due to shock and haemorrhage as a result of ante -mortem injuries viz. incised wounds at her neck and multiple contusions and abrasions all over her body. The blood stained petticoat of the victim and blood stained two sickles were found in the house of the applicant and two other sickles were noticed at near the dead body found at the bank of Gomati River. Applicant is named accused in the F.I.R. Her first bail application has been rejected on merit and there is no fresh point to enlarge the applicant on bail. Long incarceration of accused is no ground of bail.