- (1.) HEARD learned counsel for the applicant and learned A.G.A.for the State of U.P.and perused the record.
(2.) THIS bail application has been moved by the applicant Smt.Pushpa Devi with a prayer that she may be released on bail in Crime Case No. 4/22 of 2010 under sections 302, 201 I.P.C. , Police Station Narsena Bulandshahr, District Bulandshahr. The facts, in brief, of this case are that the FIR has been lodged by Naresh Kumar on 23.1.2010 at 9.15 P.M. in respect of the incident allegedly occurred on 23.1.2010 from 3 P.M. to 8.00 P.M.in which Prahalad and his wife Smt. Pushpa Devi are named as accused. It is alleged that the deceased Km. Gudiya, aged about 5 years, had left her house on 23.1.2010 at about 3.00 P.M. for playing purpose, she did not return upto 5.00 P.M., then her search was made. Prahalad and his wife Smt. Pushpa Devi were involved in Tantrik Kirya, suspicion was created upon them, then at about 8.00 P.M., the first informant and his brother Atar Singh and his nephew Chaman Singh saw the dead body of the deceased, which was kept in the plastic bag. The neck of the deceased was tied by green colour Angauchca (scarf) and read coloured dupatta, her both the legs were tied by plastic rope. The deceased was killed by Prahalad and his wife Smt.Pushpa Devi by way of strangulation to obtain Tantrik Siddhi, due to aforesaid incident, the panic was created in the village, the dead body of the deceased was lying in the courtyard of the accused Prahlad. According to the spot inspection note, the dead body of the deceased was found at place-A near a tree in the courtyard of the accused Prahlad, it was inside the boundary of the house. The inquest report was prepared on 23.1.2010, the post mortem examination was also conducted, according to the post mortem examination report,the deceased had sustained an ante mortem contusion, the cause of death was due Asphyxia as a result of throttling. The applicant applied for bail, the same has been rejected by the learned Sessions Judge, Bulandshahr on 29.7.2010. It is contended by learned counsel for the applicant that the prosecution story is absolutely false, concocted and highly improbable. The applicant and co-accused have been named only on the basis of the doubt and suspicion, the allegation that the applicant and co-accused are involved in activities of Tantrik is absolutely false base less, they are not involved in such activities. The applicant and co-accused are simply worshipers, there is no eye witness to support the prosecution story. The I.O.has recorded the statements of Atar Singh and Jagroop Singh under section 161 Cr.P.C., they are not eye witnesses, their statements are based on hearsay evidence, but they stated that applicant and co-accused were involved in Tantrik Kirya. Only on the basis of the recovery of the dead body in plastic bag from the courtyard of the applicant, it does not mean that the applicant and co-accused have committed the alleged offence, the bag plastic containing the dead body may be thrown into the courtyard from the outside. There is no other evidence to show the involvement of the applicant. The applicant is a lady of peace loving, she may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A.G.A.that for the purpose of sacrifice to obtain Tantrik Siddhi, the applicant and co-accused have committed the murder of 5 years old girl, the dead body of the deceased was found inside the courtyard of the applicant. According to the post mortem examination report, the cause of death was due to throttling. The scarf and dupatta used in the commission of the alleged offence were found tied around the neck of the deceased and the legs of the deceased were also tied by the plastic rope. It is a very heinous offence, in which an innocent 5 years old girl has been killed, in case the applicant is released on bail, she may tamper with evidence, therefore, the applicant may not be released on bail. Considering the facts, circumstances of the case, submission made by learned counsel for the applicant, learned A.G.A.and from the perusal of the case diary, it appears that the allegation has been made against the applicant and co-accused they have committed the murder of the deceased who was a girl aged about 5 years to obtain the Tantrik Siddhi, the dead body of the deceased was recovered from the courtyard of their house, it is a very serious matter and the gravity of the offence is too much and without expressing any opinion on the merits of the case, the applicant is not entitled for bail, the prayer for bail is refused. Accordingly this bail application is rejected.;