JAYA MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a bail application for the release of the applicant/accused Smt. Jaya Mishra, wife of Ajay Mishra, resident of 27 Tagore Town, Police Station George Town, Allahabad during the pendency of the Case Crime No. 69 of 2005 registered against her and her husband under Sections 302/201 IPC, Police Station George Town, Allahabad.

(2.) THE applicant/accused has filed an affidavit and certain documents including the copy of the F.I.R., Injury Report, Post -mortem Examination Report, Site Plan and the Statement of the Witnesses and also of the accused etc. in support of her bail application. Anil Kumar Tulsiyani, the brother of the deceased has, on the other hand, filed counter -affidavit alongwith certain documents against the above bail application.

(3.) THE applicant/accused and her husband, who is a co -accused, are Advocates in this Hon'ble Court itself. They are educationally, legally and intellectually superior in the society in many respects. This cannot be disputed. The deceased was a moneyed one. The applicant/accused and her husband, the informer and her husband (Deepak Tulsiyani, the deceased) happened to come in close contact with one and other and gradually developed familiarity among themselves. The applicant's husband and the informer's husband (deceased) were addicted to drinking liquor/alcohol. In this very connection, it appears relevant to mention that religion, castes and communities change, but the beer, wine and women remain the same. It may be further mentioned that the familiarity breeds contempt. This was probably the reason why the illicit relations are alleged to have been developed between the informer's husband and the applicant/accused. It may further be mentioned that bereft of the spirituality/devotion to God/the moneyed and the so called highly educated, the learned and the intellectuals are ordinarily found to have become accustomed and expert of double talk, double behave and double standard. Not only this, but such so called big and the great probably pass night indulging in their nefarious activities and hide their such activities and sins in the day by way of their ostentatious living. This is probably the reason why there is mental, social, political and religious pollution everywhere besides environmental pollution. Those who are at the helm of affairs and who are the so called big and great can be said to be liable and responsible for such pollution and deterioration in every walk of life, this is so because every bad thing infilters not from the bottom, but from the top. This is indicative of the fact that there are complete crisis of character, which is the soul of the country.