Shri Kant Tripathi - (1.) THE applicant Smt. Vibha Tiwari has moved this application for bail in the Case Crime No. 299 of 2008 under Sections 147, 148, 149, 201, 323, 342, 457, 364, 302, 120B and 506, I.P.C. and Section 7 of the Criminal Law Amendment Act, P. S. Dibiyapur, district Auraiya.
(2.) HEARD, Mr. V. C. Mishra, and Mr. Viresh Mishra the learned senior counsels assisted by Mr. Dilip Kumar for the applicant, Mr. Amrendra Nath Singh, the learned counsel appearing for the complainant and the learned A.G.A. for the State and perused the records. It is alleged that the deceased Manoj Kumar Gupta was Executive Engineer, P.W.D., Auraiya on the date of the occurrence. The applicant's husband Mr. Shekhar Tiwari is a sitting M.L.A., who wanted that certain bills should be passed by the deceased, but the deceased was not willing to oblige. It is also alleged that co-accused persons Shekhar Tiwari, Yogendra Singh Dohare alias Bhatiya, Vinay Tiwari alias Tyagi, Ram Babu and Manoj Awasthi came to the house of the deceased in the night of 23/24.12.2008 at about 2.00 a.m. alongwith drivers Devendra Rajpoot and Santosh Tiwari and Gunner Gajraj Singh and Pal Singh and knocked the main door of the drawing room of the residence of the deceased and on queries made by the deceased and his wife, they told that they were C.I.D. persons and had come from Delhi. When the deceased and his wife did not open the door, the above named persons broke open the back door of the drawing room and entered inside the drawing room and mercilessly assaulted the deceased with danda, koda, kicks and fists and thereby caused severe injuries to the deceased and also confined his wife, namely, the complainant, in a room by bolting the room from outside and took the deceased in a vehicle and threw him in front of the main gate of the police station Dibiyapur and asked the co-accused Hoshiyar Singh, the S.H.O., P. S. Dibiyapur to make arrangements for his treatment. It is also alleged that the S.H.O., Dibiyapur deliberately avoided to make proper arrangements for treatment of the deceased and failed to carry him to the hospital promptly for treatment. The deceased was taken to the District Hospital early in the morning at about 5 a.m. but doctor found that the deceased had been brought dead to the hospital. Initially the investigation was undertaken by co-accused Hoshiyar Singh, the S.H.O., P. S. Dibiyapur but later on it was transferred to Sri Sureshwar, the Additional Superintendent of Police, Auraiya. It is also alleged that the complicity of the applicant was that she reached the place of occurrence at about 2.30 a.m. on receiving an information regarding the incident on phone from the co-accused Ram Babu alias Pooti. This fact has been stated by co-accused Devendra Rajput. The applicant, on arriving at the place of occurrence, very loudly told the main accused persons Shekhar Tiwari and others "You people have not done good thing, you have seriously assaulted the deceased." She, then, asked one of the co-accused Vinay Tiwari to wash off the blood from the place of occurrence with a cloth (ponchha) and also asked the assailants to take the deceased to the hospital for treatment otherwise he would die. At the instance of the applicant, the co-accused Vinay Tiwari washed off the blood from the place of occurrence. The complainant's second statement recorded on 19.1.2009 under Section 161, Cr. P.C. is reproduced in roman script as follows : "Ek ne kaha ki Vidhayak Ji Vibha bhabhi aa gai hai, wah bahut gusse me hai to usi me se ek ne bola ki bibi hai gussa hoti rahati hai. Isi dauran kisi ne kaha ki pyas lag rahi hai dekho kahin pani ho to le aao to usi me se kisi ne drawing room me rakhe gilas wa pani lakar diya tabhi aurat ander drawing room me aa gai aur kaphi tej awaj me chillakar boli ki tum logon ne achcha nahin kiya, bahut mara hai Vinaya ponchha le aao yahan khoon pada hai ise achchi tarah saph kar do aur isko turant le jakar ilaj karao kahin mar na jay. Iske bad mahila ke kahane par drawing room me ponchha lagaya gaya..."
(3.) THE Investigating Officer's conclusion was also referred to during the hearing, whose roman script is reproduced as follows : "Vibha Tiwari is abhiyukta dwara ghatna sthal engineer ke avas par pahunch kar wahan pade rakta par ponchha lagwane ki bat pramadit hui hai. Is prakar inke dwara is aparadh ke sakshya ka vilopan karna pramadit hota hai..." It is also alleged that after the incident, the applicant had telephonic conversations with the co-accused Hoshiyar Singh, the then S.H.O., Dibiyapur with her mobile No. 9358765075. At that time the said S.H.O. had mobile phone No. 9759558059. The Investigating Officer obtained print outs of the said two mobile phones, besides the print outs of mobile phone No. 9412378304 of co-accused Shekhar Tiwari which was in the use of his representative Manjul Pandey and mobile phone No. 9411020520 of the co-accused Bhatiya alias Yogendra Doharey, the former District President of Bahujan Samaj Party and mobile phone No. 9335154599 of co-accused Shekhar Tiwari, M.L.A. as also of the mobile phone No. 9760935048 of co-accused Ram Babu alias Pooti. On the basis of these print outs, it was contended before me that applicant's complicity was to provide assistance to the main accused Shekhar Tiwari to get him exonerated from the case.;