Allowed

Smt. Munni Devi v. State of U.P.

Allahabad HC24 Jan 2019BAIL/2725/2019

Case brief

AI extract

What is this about?

In CRIMINAL MISC. BAIL APPLICATION No. 2725 of 2019, the Single Judge allowed bail for Smt. Munni Devi, mother-in-law of the deceased, in case Crime No. 84 of 2018 under sections 302, 201, 120B I.P.C., without expressing an opinion on the merits after perusing the record.

What did the court decide?

Relief: The applicant shall be enlarged on bail by executing a personal bond and two sureties with conditions including no tampering, no intimidation, and regular appearance.

Smt. Munni Devi Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2725 of 2019

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Applicant :- Smt. Munni Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh,Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the applicant and learned AGA representing the State on bail application moved by the appellant. Perused the record.

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This bail application has been filed by Smt. Munni Devi, mother-in-law of the deceased, in Case Crime No. 84 of 2018, under section 302, 201, 120B I.P.C., P.S. Nagina Dehat, District Bijnor.

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Learned counsel for the applicant has argued that the applicant is innocent and she has been falsely implicated in this case crime number. She was of no concern and was having separate living. The report was three days belated. No specific role against her is there. She is 60 years old and is suffering from ailments.

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Learned AGA has opposed the bail application with contention that it was a case of throttling having fracture of hyoid bone and the applicant being mother-in-law was residing in the same house.

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The inquest report reveals that Dheer Singh, husband of the applicant, had given instant information to police about unnatural death of his daughter-in-law. Police rushed on the spot, did inquest proceeding and Dheer Singh was witness of this proceeding. Till then the complainant himself was of the view that it was a case of suicide by deceased and that is why no report was lodged by the complainant till the result of autopsy examination in which death owing to antemortem strangulation by throttling was established. Hence, this report after three days delay was submitted at police station and accusation is against husband, brother of husband and wife of brother of husband regarding demand of money for business, torture, illicit relation and attempt to remove the deceased from the scene for having illicit relation. The applicant is the wife of Dheer Singh, who had submitted instant information to police. Looking to above facts and circumstances and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain

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conditions.

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Accordingly, the bail application is allowed .

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Let the applicant, Smt. Munni Devi, involved in above Case Crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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She will not indulge in any criminal activity.

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She will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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She will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.

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Order Date :- 24.1.2019

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Pcl

Smt. Munni Devi v. State of U.P.

Case brief

What is this about?

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Smt. Munni Devi v. State of U.P.

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