Court dismissed a second bail application filed by Dev Kumari as infructuous solely because the applicant was acquitted during the trial in the connected criminal case, making the bail prayer obsolete.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19757 of 2022
Applicant :- Dev Kumari Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Pandey,Ramanuj Saini
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ramanuj Saini, learned counsel for the applicant and Sri B.B. Upadhyay, learned AGA for the State.
This is the second bail application under Section 439 of Code of Criminal Procedure filed by the applicant Dev Kumari, seeking enlargement on bail during trial in connection with Case Crime No. 214 of 2021, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Barkhera, District Pilibhit.
The first bail application of the applicant was rejected by this Court vide order dated 28.3.2022 passed in Criminal Misc. Bail Application No. 10447 of 2022 in non prosecution.
Learned counsel for the applicant states that trial in the matter has concluded and the applicant has been acquitted and as such the present bail application has become infructuous.
As prayed by learned counsel for the applicant, the present bail application is dismissed as infructuous.
(Samit Gopal,J.)
Order Date :- 23.9.2022 Naresh
Digitally signed by NARESH KUMAR Date: 2022.09.23 14:07:57 IST Reason: Location: High Court of Judicature at Allahabad
Dev Kumari
Samit Gopal
As recorded by the court registry
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