Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33268 of 2021 Applicant :- Smt. Sarina Begam Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Pramod Kumar, learned counsel for the applicant and Sri Ankit Srivastava, learned counsel for the State and perused the material on record.
This is the fourth bail application of the applicant.
i. The first bail application of the applicant was rejected by Hon'ble Dinesh Kumar Singh-I (as he was then) vide order dated 18.12.2019 passed in Criminal Misc. Bail Application No. 51109 of 2019 (Smt. Sarina Begam vs. State of U.P.).
ii. The second bail application was rejected by Hon'ble Dinesh Kumar Singh-I (as he was then) vide order dated 15.12.2020 passed in Criminal Misc. Bail Application No. 13898 of 2020 (Smt. Sarina Begam vs. State of U.P.).
iii. The third bail application was rejected by this Court vide order dated 26.07.2021 passed in Criminal Misc. Bail Application No. 24580 of 2021 (Smt. Sarina Begam vs. State of U.P.) for want of prosecution.
This fourth bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Smt. Sarina Begam, seeking enlargement on bail during trial in connection with Case Crime No. 53 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, registered at Police Station Kakwan, District Kanpur Nagar.
Learned counsel for the applicant argued that there are two dying declarations in the present matter. He makes an endeavour to argue before the Court that the dying declarations are manipulated documents. It is argued that the applicant has been falsely implicated in the present case. The applicant has no criminal history as stated in para 23 and is in jail since 12.09.2019.
Per contra, learned counsel for the State vehemently opposed the prayer for bail and argued that the bail application of the applicant was rejected by a detailed order on merits. It is argued that there is no new and fresh ground as pleaded in the present fourth bail application.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the present bail application is the fourth bail application. There is no new and fresh ground pleaded in the same. The said arguments and the dying declarations were even previously filed before the Court in the first bail application and the same were considered by the co-ordinate Bench as is evident from the order dated 18.12.2019 itself.
Accordingly, the fourth bail application of the applicant is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 AS Rathore (Samit Gopal,J.)