ASHA SHARMA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri R.K. Mishra, learned counsel for the applicant and learned AGA for the State of U.P. and perused the record. This bail application has been moved by the applicant Smt. Asha Sharma with a prayer that she may be released on bail in Case Crime No. 513 of 2009 under Sections 394, 302,120B, IPC, PS Gandhi Park, District Aligarh.

(2.) The facts, in brief of this case are that the FIR of this case has been lodged by Pramod Kumar on 16.7.2009 at 6.05 p.m. in respect of incident which had occurred on 16.7.2009 at about 5.00 p.m. The FIR has been lodged against unknown miscreants. It is alleged that first informant got an information that his sister-in-law (Bhabhi) Smt. Munni Devi wife of Mahesh Chandra and her three daughters namely Km Poonam, Km. Mamta and Km Preeti are not giving any response from their house then he tried to contact through mobile phone but the same was not respondent then the first informant came to the house of the deceased and saw that the main gate was opened, on the first floor of the house, the dead bodies of Smt. Munni Devi, Km. Poonam and Km. Mamta, Km. Preeti were lying in the room. They were killed by way of strangulation. The goods of the house were found in a scattered condition. During investigation, the name of the applicant came into the light. It is alleged that she was having illicit relation with Mahesh Chandra the husband of the deceased, she had chosen the time to commit the murder of the deceased persons when Mahesh Chandra along with his son had gone to England with regard to his business. The applicant applied for bail before learned Sessions Judge, Aligarh, the same has been rejected by learned In-charge Sessions Judge, Aligarh on 1.7.2009.

(3.) It is contended by learned counsel for the applicant that the applicant is not named in the FIR. The present case is based on the circumstantial evidence, there is no direct evidence. The allegation that applicant was having illicit relation with Mahesh Chandra the husband of the deceased Smt. Munni Devi is absolutely false and baseless. The allegation that applicant hired the criminals to commit the murder of the deceased in furtherance of conspiracy when Mahesh Chandra and his son Gaurav were in England is absolutely false and baseless. No such credible evidence has been collected by the I.O. in support of this allegation. The name of the applicant, has been disclosed by the co-accused Madan and in extra judicial confessions of co-accused Manoj. It is alleged that one witness Satyendra Singh was passing through the house of the applicant, he saw and heard that applicant was talking with four persons and asking them to commit the murder of the deceased persons on the same day of the alleged incident, it is alleged that three RD Accounts were going on in which the money was deposited by Smt. Lata Chauhan who stated that the money was provided by Mahesh Chandra is also having no relevance. During investigation the witness Gaurav son of Mahesh Chandra has produced certain receipts regarding the purchase of colour TV, Motorcycle, Idea mobile bills which were in house of the applicant were purchased by Mahesh Chandra. The applicant was called on the police station on 5.5.2009, its GD Entry has been made. There is no credible evidence collected by the 10. The statements of the witnesses have been recorded in a belated stage and nothing incriminating has been recovered from the possession of the applicant or at his pointing out. The applicant is not having any criminal antecedent. She may be released on bail.