Smt. Anita v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26875 of 2022

Applicant :- Smt. Anita Opposite Party :- State of U.P. Counsel for Applicant :- Jagdev Singh,Chandra Bhusan Kushwaha

Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

Heard Sri Jagdev Singh, learned counsel for the applicant and Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 422 of 2021, U/S 498A, 304B, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station- Noorpur, District- Bijnor, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Ratan Singh, who is the husband of the applicant, has already been enlarged on bail by this Court vide order dated 1.8.2022 passed in Criminal Misc. Bail Application No. 26780 of 2022. Since the case of the applicant is at par with the co-accused who has already been enlarged on bail, the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 22.4.2022 having no criminal history to her credit, deserves to be released on bail.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history against the applicant, have not been disputed by him.