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2025 DAILYLAW 116503 (ALL)

SONA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/362/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 362 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Rakesh Kumar Mishra, learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. This is the fourth application seeking release of the applicant on bail in Case Crime No.40 of 2022, under Sections 498-A, 304-B I.P.C. and Sections 3/4 of D.P. Act, registered at Police Station Sonawa, District Sharvasti. 3. The third Bail Application No.7741 of 2024 was rejected by means of an order dated 18.10.2024. 4. The third application had been moved on the ground that a neighbour had been examined as P.W.3 and he had not supported the prosecution case. This Court had rejected the application for the reason that P.W.3 resides in the neighbourhood of the applicant and he is not an eye witness of the incident. 5. The fourth application has been moved on the ground that another neighbour has been examined as P.W.4 and she has also not supported the prosecution case. 6. The ground of the learned counsel for the applicant of the P.W.4 having not supported the prosecution case is liable to be rejected on the same ground on which the third bail application has been rejected as this person also is not an eye witness of the incident. 7. As the deceased died in her matrimonial home within a short span of time due to strangulation and the dead body had numerous other injuries, I am of Versus Counsel for Applicant(s) : Rakesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Sona Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the view that the applicant is not entitled to be released on bail. 8. Accordingly, the bail application is rejected. August 27, 2025 S. Shivhare BAIL No. 362 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench