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2025 DAILYLAW 63829 (ALL)

SANTARA DEVI v. STATE OF U.P.

BAIL/19278/2024 · 2025-07-09

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111182 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19278 of 2024 Applicant :- Santara Devi Opposite Party :- State of U.P. Counsel for Applicant :- Manju Pandey,Rasmi Khilwani,Subhash Singh Yadav Counsel for Opposite Party :- G.A.,Narendra Kumar Chaubey Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State and perused the entire material available on record. 2. This is the second bail application filed by the applicant. First bail application was rejected by this Court vide order dated 22.02.2024 passed in Criminal Misc. Bail Application No.6395 of 2024. 3. The applicant- Santara Devi has filed this second bail application with a prayer to enlarge her on bail in Case Crime No.253 of 2023, under Section 498-A, 304-B I.P.C., and Section 3/4 D.P. Act, Police Station Gaura Badshahpur, District Jaunpur during the pendency of the trial. 4. The applicant is the mother-in-law of the deceased. The deceased was a temperamental lady who was prone to extreme reactions over trivial issues. The deceased was perpetually at loggerheads with the applicant. On the fateful day, in a fit of rage, the deceased took the extreme step of ending her life after a minor altercation with a member of the household. She committed suicide by hanging. The applicant never adopted any dilatory tactics or impeded the process of the trial. The trial is moving at a snail's pace and is not likely to conclude anytime in the near future and till date only three witness has been examined. The applicant is not responsible for the delay in the trial. Learned counsel next submits that the applicant is languishing in jail since 17.11.2023. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned counsel for the informant and learned A.G.A. for the State has contended that the trial is in progress. The applicant, if enlarged on bail at this stage, will try to threaten the witnesses and will tamper with the evidence. He, therefore, submits that the present second bail application is liable to be rejected. 6. Having considered the submissions made by the learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State, considering that the charges have been framed and the trial is on foot, the offence is grave, there is likelihood that the applicant committed the offence. At this stage, no case for bail is made out. 7. Accordingly, this second bail application stands rejected. 8. Learned trial court shall make all endeavours to conclude the trial as expeditiously as possible from the date of receipt of a certified copy of this order. Order Date :- 10.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad