Sr. No. 51

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Bail App No. 282/2021

CrlM No. 1688/2021

CrlM No. 1689/2021

Usha Devi

…..Appellant(s)/Petitioner(s)

Through: Mr. Bari Abdullah, Advocate.

Vs

Union Territory of J&K

.…. Respondent(s)

Through: Mr. Vishal Bharti, Dy. AG.

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

ORDER

The present petition has been filed by the petitioner for grant of bail in

a challan arising out of FIR No. 610/2020 for commission of offences under

Sections 302, 120 and 201 IPC pending before the Court of Additional Sessions

Judge, Udhampur (hereinafter to be referred as the trial Court). The applicant is

seeking bail on the ground that she as well as her husband figure as accused and

both are in the custody along with two minor daughters namely Shivani age five

years and Angel age three years. It is further submitted that charges have been

framed against the petitioner as well as other accused and she had filed an

application for grant of bail before the trial court but the same was rejected by the

learned trial court vide order dated 04.06.2021.

The petitioner through the medium of the present application has

prayed for grant of bail for few months so that she can make arrangements for

keeping the minor daughters with the relatives.

Response stands filed by the respondent in which it is stated that the

petitioner has been facing trial for commission of heinous offence of murder

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along with her husband regarding which the charge sheet for commission of

offence under Sections 302 and 120-B IPC stands filed against the petitioner as

well as her husband and it is also stated in the response that both the accused

persons are in custody.

Vide order dated 25.11.2021, this Court had directed Mr. Vishal

Bharti, learned Dy. AG to inform the Court about the steps undertaken by the

Superintendent District Jail, Udhampur to explore the possibility of any family

member or relative of the applicant, who is willing or available to take care of the

children. The Learned trial court too had directed the officer concerned to explore

the said possibility.

During the course of hearing, Mr. Vishal Bharti, Dy. AG submitted a

communication addressed to him by the Superintendent, District Jail Udhampur,

in which it was stated that the jail inmates i.e. the petitioner as well as her

husband are desirous to give the responsibility of their children as well as keys of

their house to one person namely Dharam Singh, S/o Late Gopi Singh, resident of

Maitra, Ramban who is the brother of petitioner.

Mr. Bari Abdullah, learned counsel appearing on behalf of petitioner

submits that petitioner be granted bail for at least a period of six months so that

the petitioner is able to settle her children with her brother. He further submits

that both the daughters are of very tender age and it may not be possible for them

to acclimatise with the new environment in absence of the petitioner.

Per contra, Mr Vishal Bharti, learned Dy. AG submits that no

leniency can be shown to the petitioner as she is guilty for committing a heinous

offence of murder. He further submits that the petitioner cannot be considered as a

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responsible mother as she herself has participated in the commission of a heinous

offence of murder.

Heard and perused the record.

Admittedly, the petitioner is facing trial for commission of a heinous

offence of murder, but equally true is that, the two minor daughters who are of

very tender age are also behind bars for none of their fault. Minor girls must be in

the company of the persons accused of committing different offences including

heinous ones as well and that may h