ANEESA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Nirmal Singh Yadav, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A. appearing for the State and perused the record.

(2.) THIS is the second bail application on behalf of the applicant. First bail application of the applicant was dismissed by Hon'ble Abdul Mateen, J. for want of prosecution vide order dated 24.11.2010.

(3.) IT has been contended by the learned counsel for the applicant that the F.I.R. of the present case was lodged against the applicant, her husband and son. The applicant is the mother of deceased Km. Afsana. He submits that the daughter of applicant was having affair with deceased Irfan and when she was found in compromising position with him on account of heat of passion and sudden provocation, the husband and son of the applicant murdered the two deceased by axe. As the dead body of the two deceased were found in the house of the applicant, hence she was also implicated in the present case along with her husband and son. He submits that 18.5.2015 is the date fixed before the trial court for recording of evidence of Investigating Officer of the present case. He submits that the case of the applicant is distinguishable from other co -accused persons and being a woman she is entitled for the benefit of Section 437 Proviso -I Cr.P.C. The applicant has no other reported criminal antecedent. The applicant is in jail since 26.8.2009.