Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17125 of 2022

Applicant :- Smt. Roshani

Opposite Party :- State of U.P.

Counsel for Applicant :- Vikas Srivastava,Dan Bahadur

Counsel for Opposite Party :- G.A.,Shiv Prakash

AND

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49423 of 2022

Applicant :- Pradeep

Opposite Party :- State of U.P.

Counsel for Applicant :- Vikas Srivastava,Dan Bahadur

Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicants, learned counsel for the complainant as

well as learned A.G.A.

Both the accused persons are husband and wife and are facing prosecution

arising out of case crime no.419 of 2021 under sections 364, 302, 201, 394, 411

IPC, police station-Bilari, District-Moradabad and are behind the bars since

02.11.2021.

Pleadings have been exchanged between the parties and the matter is ripe for

final submissions.

As per the prosecution case mentioned in the FIR, on 20.09.2021, the FIR was

got registered 364, 302, 201 IPC by Smt. Mitthan against unknown persons with

the allegation that his husband Sooraj was e-rickshaw driver. On 19.09.2021,

when he did not reach to the house till late night, and all the efforts to search

him ended in vain. On 20.09.2021, a missing report was lodged at the police

station. On 21.09.2021, dead body of her husband was found adjacent Reeth

Road near Pal Farm in an abondoned condition. It is mentioned in the FIR that

some unknown persons have committed this offence butchering her husband

mercilessly.

On this, it has been argued by learned counsel for the applicants that the FIR is

being registered against unknown persons and the way and manner in which the

name of applicant figured up and the material collected by the police during

investigation do not generate the sufficient confidence and evidence in the

prosecution story and thus, the applicant deserves to be bailed out.

The Court has an occasion to peruse the alleged recovery memo and the post

mortem report of the deceased. After recovery of the dead body, its inquest was

conducted on 21.09.2021 at 18:17 hours and as per inquest report, deceased was

brutally murdered by applying some sharp edged weapon. From the place of

occurrence, the police has recovered knife, about 22 feet far from his dead body

and pair of slippers. From the post mortem report, it is clear that the deceased

has sustained as many as eight injuries over his person and all of them are either

incised wounds or stabbed wound. Not only this, all the four fingers of the right

hand and all the toes along with left foot were imputed by the sharp edged

object. This is brutal murder by the knife. In the 161 Cr.P.C. statement of the

informant, she admits that her husband was drinker and as a result thereof, his

kidney was infected. Her husband has purchased e-rickshaw of Rs.36,000/-

about 20-25 days back. He went on 19.09.2021 but till late night, when he did

not come back nor his telephone was responding to the call, all the family

members started searching the husband of the informant and lastly, missing

report was lodged on 20.09.2021 and on very next date, dead body of her

husband was found lying near the Pal farmhouse. She further states in 161

Cr.P.C. statement, her husband was using keypad mobile which was eventually

recovered and find place in the recovery memo. The recovery memo is annexed

as Annexure-7 to the application.

A keen perusal of the recovery memo finds place in G.D. entry dated 02.11.2021

i.e. after 40-45 days, police has caught hold of the applicant and her husband

Pradeep Kumar on a tip given by the informer and has recovered the keypad

mobile belonging to the deceased. These persons were taken to custody and they

have revealed their named as Pradeep Kumar and Roshni w/o Pradeep Kumar.

They have admitted before the police that they have eliminated the deceased

after stabbing by the knife and looted his e-rickshaw and mobile. They have

thrown away the SIM and hide the e