Judgment

ASHOK BHAN, J.- Leave granted.

2. The State of Uttar Pradesh through CBI aggrieved by the orders dated 29-4-2004 and 8-7-2004 passed by a Single Judge of the Allahabad High 9 Court (Lucknow Bench) in Crl. Misc. Cases Nos. 1402(B) and 1954(B) of 2004 releasing the accused Amarmani Tripathi (Accused 5) and Madhumani Tripathi (Accused 4) on bail has filed these appeals.

3. On 9-5-2003 Madhumita Shukla was shot dead in her house located in Paper Mill Colony by two persons who were later on identified as Santosh Kumar Rai and Prakash Chandra Pandey. Investigation in the case revealed h that Madhumita Shukla was killed pursuant to a conspiracy involving Amarmani Tripathi and his wife Smt Madhumani Tripathi. Nidhi Shukla lodged a report in regard to the blind murder of her sister Madhumita Shukla on 9-5-2003 in Mahanagar Police Station, Lucknow. The case was transferred to the Crime Branch, CID on 17-5-2003. On a request made by the State on 17-6-2003, CBI took over the investigation.

4. The case of the prosecution in brief is as follows:

Amarmani Tripathi, a Minister in the U.P. Government, at the relevant time, was having an affair with the deceased Madhumita Shukla, a young po