Allowed

Munni Devi v. Sate of U.P.

Allahabad HC7 Mar 2018BAIL/2122/2018

Case brief

AI extract

What is this about?

This judgment grants bail to Munni Devi, accused in a murder and dowry death case (Sections 302, 498-A IPC). The court relied on the fact that coordinate benches had already granted bail to the father-in-law and other co-accused during trial pendency.

What did the court decide?

Bail granted on personal bond and two sureties by furnishing conditions against tampering with evidence and commission of further crimes.

Munni Devi Vs Sate of U.P. — Dowry and Cruelty | Allahabad HC (2018)

¶1

Court No. - 17

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2122 of 2018

¶3

Applicant :- Munni Devi Opposite Party :- Sate Of U.P. Counsel for Applicant :- Rajesh Kumar Dubey,Mohit Gautam Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh-I,J.

¶5

This second bail application has been moved seeking bail in Case Crime No.556 of 2017 under sections 498-A, 304-B, 302, 316 IPC and section 3/4 D.P. Act, Police Station Kasganj, District Kasganj, during the pendency of trial.

¶6

As per F.I.R., the prosecution's case is that the daughter of the first informant, Suhani was married to the accused Vineet (husband) on 28.02.2017 after sufficient dowry having been given but the demand of dowry was continued to be made of about Rs. 10,000,00/-. The deceased informed the first informant on mobile on 25.07.2017 at 7:40 a.m. that the said amount of Rs. 10,000,00/- should immediately be arranged which is to be paid to the accused side failing which she would be killed. Thereafter, on the same day at about 6:20 p.m., an information was received by the complainant that her daughter was killed and there was a possibility of her dead body being removed. The first informant reached the place of occurrence and found that his daughter was lying in pool of blood and that licenced gun of his father (Vineet) was used in killing the deceased with the help of co-accused Ram Rahees (father in law), Munni Devi (mother in law), Shailendra @ Sheelu (brother in law).

¶7

It is contended by the learned counsel for the applicant that the first bail application of the present accused was rejected on 24.11.2017 by this Court on the ground that the accused was living under the same roof where the occurrence of murder of Suhani, daughter-in-law of the applicant took place. Since thereafter Coordinate Benches of this Court have granted bail to the father-in-law and Dewar (brother-in-law) namely Ram Rahees and Shailendra alias Sheelu holding that the main accused was the husband of the deceased at whose pointing out fire arm was recovered, which was alleged to have been used in commission of this offence. Rest of the accused were assigned general role. She has no criminal history. She is languishing in jail since 1.9.2017. In case the applicant is released on bail she will not misuse the liberty of bail.

¶8

Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.

¶9

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

¶10

In the light of the aforesaid arguments, looking to the fact that the co-accused whose case is at par with the case of the present accused has been granted bail by a Coordinate Bench of this Court and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.

¶11

Let the applicant Munni Devi involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶17

Order Date :- 7.3.2018 AU

Munni Devi v. Sate of U.P.

Case brief

What is this about?

What did the court decide?

Munni Devi v. Sate of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Rani and Anr. Vs State of U.P. and Anr.

Chandan Singh Pradhan Vs State of U.P. and Anr.

Pradeep Sharma and Another Vs State of U.P. and Another

Suneel Vs State of U.P.

Suraj @ Suryanath Vs State of U.P.

Pradeep Rajpoot Vs State of U.P.