Allowed

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

Allahabad HC11 Nov 2019BAIL/34126/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 34126 of 2019, the Court granted bail to Smt. Munni Devi, accused under IPC 498-A and 304-B, subject to standard conditions including bonding with sureties and a bond not to tamper with evidence or intimidate witnesses.

What did the court decide?

Release on bail upon furnishing a personal bond and two heavy sureties, each subject to specific conditions regarding conduct and court appearances.

Smt. Munni Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34126 of 2019 Applicant :- Smt. Munni Devi Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that the applicant is mother in law of deceased. She is innocent and has been falsely implicated in the present case. Applicant has no concern with the present matter. She has not committed the present offence. Neither she made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by her. It is also not clear as to what sort of dowry was being demanded by her. She has been roped in the matter only being the family member of husband of deceased. Deceased committed suicide. General allegations have been made in the matter. The applicant has no criminal history. She is languishing in jail since 15.6.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Smt. Munni Devi involved in Case Crime No.80 of 2019, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Nasirpur, District - Firozabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 11.11.2019/safi

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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