Sudha v. State of U.P.

Neutral Citation No. - 2023:AHC:234402

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43528 of 2023

Applicant :- Sudha Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Prasad Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

1. Supplementary affidavit filed today is taken on record.

1. Heard learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.

1. This is the second bail application filed on behalf of the applicant - Sudha with the prayer to enlarge her on bail in case crime no. 222 of 2022, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, P.S. Chandpur, District Fatehpur.

1. The first bail application of the accused-applicant has been rejected by this Court vide order dated 5.6.2023.

1. Learned counsel for the applicant has impressed upon the statement of the informant recorded as P.W.1 on 24.11.2023 wherein he deposed that the deceased and her husband were living separately with her own consent and that there was no demand of dowry before or after the marriage. It is further submitted that the applicant, being a lady, has been languishing in jail since 9.1.2023 and the trial is only at the stage of recording the statement of the witnesses. There is no chance of earlier conclusion of the the trial. It is also submitted that there is no possibility of absconding or tampering with the witnesses of the applicant. She has been falsely implicated in this case. She is innocent and has not committed any offence. In case she is released on bail, she will not misuse the liberty of bail and will cooperate with the trial.