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2021 Supreme(All) 587

IN THE HIGH COURT OF ALLAHABAD
Sanjay Kumar Singh, J.
Smt. Aysha Khatoon – Applicant
Versus
State of U.P. – Opposite Party
Criminal misc. Bail application No., 1623 of 2021
Decided On : 16-08-2021

Advocates:
Advocate Appeared:
For the Applicant : Yogendra Pal Singh, Avnish Kumar Srivastava

Headnote:

Indian Penal Code, 1860 - Sections 302, 201, 120-B and 34 – FIR - Demand money – Who is Muslim by caste and was already married with present applicant had lured and masquerade deceased five years ago and had solemnized his second marriage with her – Thereafter deceased her daughter second deceased of this case were residing with him - After marriage deceased has telephonically informed complainant that as she deceased came to know about first marriage of co-accused used to torture and harass and threatened deceased and her daughter of dire consequence – Held, Deceased would never have imagined that place where they lived would become their graveyard - From Call Detail Report accused persons it is clear that in intervening night day time there were continuous telephonic conversation amongst accused persons and they also sent messages to each other’s and location of their phones were traced at place of occurrence therefore involvement of applicant in crime cannot be ruled out - Dead bodies of both deceased have been buried by co accused to destroy evidence - Criminal conspiracy is generally hatched in secrecy and it is difficult to obtain direct evidence - It is well settled that man may tell lie but circumstances do not - Circumstances of this case as mentioned above are conclusive in nature which is in proximity to time and situation - In view of above innocence applicant cannot be adjudged at pre trial stage – Order accordingly

JUDGMENT :

1. Heard learned counsel for the applicant and Mr. Rabindra Kumar Singh, learned Additional Government Advocate representing the State and perused the record of the case.

2. The instant bail application has been filed on behalf of the applicant, Smt. Aysha Khatoon, with a prayer to release her on bail in Case Crime No. 454 of 2020, under Sections 302, 201, 120-B and 34 IPC, police station Partapur, district Meerut, during the pendency of trial.

3. In short compass the facts of the case as unfolded by the prosecution in the first information report are that the complainant, Chanchal Chaudhry, who is friend of one of the deceased-Priya has lodged the first information report on 14.7.2020 at about 10.10 A.M. against the co-accused, Shamshad (husband of the present applicant, Smt. Aysha Khatoon) for the offence under Section 364 IPC, which was registered as Case Crime No. 454 of 2020 at police station Partapur, district Meerut to the effect that the co-accused Shamshad, who is Muslim by caste and was already married with the present applicant had lured and masquerade the deceased-Priya five years ago and had solemnized his second marriage with her. Thereafter, deceased-Priya and her daughter, Kashish (second deceased of this case) were residing with him. After the marriage, the deceased-Priya has telephonically informed the complainant that as she (deceased-Priya) came to know about the first marriage of the co-accused Shamshad, he used to torture and harass and threatened the deceased and her daughter of dire consequence. The Report further mentions that for the last time i.e. on 28.3.2020, the complainant had a conversation with the deceased Priya on phone, and thereafter no telephonic conversation was made between the complainant and deceased. Thereafter, when the accused, Shamshad sold the flat, which was in the name of deceased-Priya and also withdrew the amount from the bank account of the deceased by cheque, then the complainant raised a suspicion that something wrong has happened with both the deceased. The complainant also came to know that scooty of the victim bearing No. UP 14 CY-840 was also lying in the Partapur police station unclaimed. In such a situation, having no option left, the complainant had given a written report (Tehreer) in the Partapur police station, in which no action was taken by the police and on the pressure of the police personnel she had given an application that she does not want to take any action. Thereupon, the complainant has lodged the present first information report raising suspicion that something untoward has happened with her friend-Priya and her daughter-Kashish.

4. After lodging of the instant F.I.R. the statement of complainant was recorded under Section 161 Cr.P.C. On the basis of aforesaid statement of the complainant, the co-accused, Shamshad was arrested by the police. On interrogation, the co-accused confessed to his guilt before the police and thereafter his confessional statement was recorded, in which he disclosed that complainant Chanchal Chaudhrey had brought the deceased-Priya to him to get the job and he provided her job, and thereafter, the deceased-Priya resided with him (co-accused, Shamshad) under live-in relationship and he used to bear all the expenses of both the deceased. He also stated that in the meantime, some altercation took place between the deceased and him, and the deceased also implicated him (Shamshad) in her rape case, in which settlement has taken place between them, and he has given Rs. 3,00,000/- to deceased Priya for compromising in the said case. Co-accused-Shamshad also stated that the deceased was a very high ambitious lady and also spend much money and was leading luxurious life and when he tried to stop her from doing so, she started squabbling with him. In the intervening night of 28/29.3.2020 when the deceased started quarreling with him and demanded money, then he strangulated the victim to death and also killed her daughter (second de

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