RAJEEV MISRA,J. - (1.) Order on Second Bail Application No. 622 of 2021 Heard Mr. Amit Kumar Srivastava, learned counsel for applicant who is available on audio/video link. Learned A.G.A. representing State is also available.
(2.) This is second bail application filed by applicant Smt. Rama Devi seeking her enlargement on bail in Case Crime No. 42 of 2020, under Sections 498A, 304B IPC and Sections 3/4 of Dowry Prohibition Act, P.S. Babina, District Jhansi, during pendency of trial.
(3.) First bail application of applicant was rejected by this Court, vide order dated 1.9.2020. For ready reference, order dated 1.9.2020 is reproduced herein under:- "Heard Sri Piyush Kumar Shukla, learned counsel for the applicant and learned AGA for the State. This bail application has been filed by applicant -Ramdevi for seeking her enlargement on bail in Case Crime No. 42 of 2020, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station - Babina, District Jhansi during pendency of trial. Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased co-accused - Smt. Sohni and Sri Vinod have been enlarged on bail vide order dated 19.8.2020 in Criminal Misc. Bail Application No. 21457 of 2020. He therefore contends that the applicant is also liable to be enlarged on bail on the ground of parity. He is languishing in jail since 14.32020. Per contra, learned AGA has opposed the prayer for bail. He has invited the attention of the Court to the FIR wherein it is stated that the first informant was present at the place of occurrence and the incident had occurred in front of his eyes. The applicant is involved in the commission of the alleged crime, and therefore, learned AGA contends that the case of the co-accused - Sohni and Vinod who have been granted bail vide order dated 19.8.2020 is on different footing. As such, it is urged that no case for bail is made out. Therefore, the bail application of the applicant is liable to be rejected. Having considered the submissions made by learned counsel for applicant, the learned A.G.A. for State and upon perusal of the evidence brought on record as well as the complicity of the applicant but without commenting on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application stands rejected." ;