Neutral Citation No. - 2025:AHC-LKO:41087 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5618 of 2024 Applicant :- Smt. Sarvesha @ Sarla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sanandan Kumar Misra,Bina Kumari Bajpai Counsel for Opposite Party :- G.A.[Subhash Vidyarthi, J.] AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3777 of 2025 Applicant :- Jageshwar @ Guddu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sanandan Kumar Misra,Bina Kumari Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Bina Kumari Bajpai, learned counsel for the applicant and Sri Ashok Srivastva, learned A.G.A. for the State and perused the records. 2. Both the aforesaid applications are second bail applications seeking release of the applicants on bail in Case Crime No 415 of 2022, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Safipur, District Unnao. 3. The first bail application of Smt. Sarvesha @ Sarla was rejected by this Court by means of the order dated 05/06/2023 passed in CRIMINAL MISC. BAIL APPLICATION No. - 7370 of 2023. 4. The first bail application of Jageshwar @ Guddu was rejected by this Court by means of the order dated 19/02/2024 passed in CRIMINAL MISC. BAIL APPLICATION No. - 1562 of 2024. 5. Both the aforesaid, applicants have filed these second bail applications on the ground that subsequent to rejection of their first bail applications, only a single prosecution witness namely Pushpa has been examined by the Trial Court as PW-1. PW-1 is the informant herself and although she has supported the FIR version in her examination-in-chief, in her cross-examination, she has not supported the prosecution case and she has been declared to be hostile. Thereafter, the public prosecutor was given permission to cross-examine the informant and even in her cross-examination, no such fact came to light, as may support the prosecution case. 6. In the affidavit filed in support of the bail applications, it has been stated that the applicants are innocent; have falsely been implicated in the present case; they are having no criminal history and are languishing in jail since 13/02/2023. 7. Learned A.G.A. for the State has vehemently opposed the bail applications, however, he could not dispute the contentions of the learned counsel for the applicants. 8. Keeping in view the fact that both the aforesaid applicants are languishing in jail since 13/02/2023; that even after expiry of more than two years, since rejection of the first bail applications of the applicants, only single prosecution witness has been examined and that prosecution witness is the informant herself, who has been declared to be hostile, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime. 9. Accordingly, both the aforesaid bail applications are allowed. 10. Let the applicants namely Smt. Sarvesha @ Sarla and Jageshwar @ Guddu be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. [Subhash Vidyarthi, J.] Order Date :- 17.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench