Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24486 of 2021

Applicant :- Aneeta Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Shishir Tandon

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Shishir Tandon, learned counsel for applicant and learned A.G.A. for

State, who are connected virtually.

This is second bail application filed by applicant Aneeta Singh, seeking her

enlargement on bail in Case Crime No. 182 of 2020, under Section 306 IPC,

Police Station- Kubersthan, District Kushinagar during pendency of Sessions

Trial No. 617 of 2020 (State Vs. Anil Singh) under Sections 306 IPC, Police

Station- Kubersthan, District Kushinagar now pending in the Court of District

and Sessions Judge, Kushinagar at Padrauna.

Record shows that first bail application of application was rejected vide order

dated 22.1.2021, passed by his Lordship Hon'ble Subhash Chand,J. For ready

reference, same is reproduced herein under:

"Supplementary affidavit filed today on behalf of applicant and the

same is taken on record.

Heard learned counsel for applicant(s), learned A.G.A. and perused

the record.

This bail application has been preferred by the accused-applicant(s),

Anil Singh and Aneeta Singh, who are involved in Case Crime No.

182 of 2020, under Sections 306 I.P.C. P.S.- Kuberasthan, District-

Kushinagar.

Learned counsel for the applicants has submitted that initially the

F.I.R was lodged under Section 302 I.P.C and during investigation

same was converted into Section 306 I.P.C. There is no evidence of

abetment to commit suicide by the deceased. There is no external

injury on any part of the body of deceased except a ligature mark.

Deceased was the real daughter of applicant no. 1 and step daughter

of applicant-2. She was a regular student and was getting education.

While she was going to attend the coaching and was talking with her

friend on mobile, the mobile was snatched away by other persons of

the family. Moreover, the informant has filed the F.I.R against

applicant no. 1 and his family which was registered as case crime no.

243 of 2004 under Section 498A,323 I.P.C, P.S Kuberasthan, District

Kushinagar, in that case crime a compromise took place between the

parties on 15.04.2000. The compromise was filed in the court

concerned and the same was verified by the court concerned,

compromise was Annexure-6 to the affidavit. On the basis of

compromise in that case applicant and other accused were

acquitted. .

Learned A.G.A vehemently opposed the contentions made by the

learned counsel for the applicants and contended that in the

postmortem report the hyodbone was fractured. The offence of

Section 302 I.P.C was converted into Section 306 I.P.C without any

contrary evidence collected by the Investigating Officer.

Admittedly, the death of deceased took place in the house of

applicant and in the postmortem report hyodbone was shown

fractured. Cause of death is asphyxia as a result of antemortem

hanging. Admittedly, deceased was residing at the house of

informant and was studying there just one day before the occurrence

she had reached to the house of her father. Contentions made by the

learned counsel for the applicant that in case under Section

498A,323 I.P.C under a compromise certain amount was deposited in

the account of Priyanka keeping in view the future of Priyanka but no

cogent explanation on behalf of applicant in regard to unnatural

death of deceased in his house just on the very next day when she

reached from her grandmaternal's house.

In view of the facts and circumstances of the case and the

submissions made by learned counsel for both sides and going

through the record, it is not a fit case for bail.

Accordingly, bail application is rejected. "

Just after the expiry of period of two months and few days, this second bail

application has been filed.

At the very out