The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. The applicant is husband of the deceased. Further contention is that while rejecting the first bail application, this Court has directed the trial court to conclude the trial as expeditiously, as possible, within a period of one year, but till date, more than three years have been passed but only PW-1, who is first informant, has been examined. Further contention is that maximum punishment is 7 years under Section 304-B IPC. The applicant is languishing in jail since 10.08.2016 and more than 6 years 3 months have already been served in jail, hence, the applicant is entitled for bail in view of judgment of Saudan Singh Vs. The State of Uttar Pradesh passed in Criminal Appeal No. 308 of 2022 dated 25.02.2022, wherein it is clearly held that there may be even convicts in custody in cases other than life sentence cases and in those case again the broad parameter of 50 percent of the actual sentence undergone can be the basis for grant of bail.
