Allowed

Munni Devi and Another v. State of U.P.

Allahabad HC14 Nov 2019BAIL/47864/2019

Case brief

AI extract

What is this about?

This bail application was filed by the parents of the deceased husband in a dowry death case. The court held that the applicants had no role in the incident and allowed the bail application subject to standard conditions.

What did the court decide?

Applicants must furnish a personal bond and two heavy sureties. They must not tamper with evidence, intimidate witnesses, or default in appearing for trial.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47864 of 2019

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Applicant :- Munni Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chetan Prakash,Shachi Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Vakalatnama filed by Sri Sanjeet Kumar Mishra, advocate on behalf of the complainant is taken on record.

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Heard learned counsel for the applicants, learned A.G.A for the State as well as learned counsel for the complainant and perused the record.

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It is submitted by learned counsel for the applicants that applicants are the parents of the husband of the deceased. They have no concern with this matter. Although cause of death of the deceased is extensive burn injuries, but she herself has committed suicide. General role has been assigned to the applicants. They never raised any dowry demand nor caused any cruelty or torture to the deceased. Prior to the incident, no complaint was every made on part of the informant's side regarding the dowry demand or torture extended to the deceased. Nothing was mentioned in the F.I.R. regarding demand of dowry or causing cruelty in lieu of said demand. For the first time, as an afterthought, in the statement recorded under section 161 Cr.P.C., this fact was disclosed. Applicants are languishing in jail since 22.6.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA as well as learned counsel for the complainant have 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 applicants have made out a case for bail. The bail application is allowed.

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Let applicants Munni Devi and Rajesh Seth involved in Case Crime No.301 of 2019 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sarnath, District Varanasi be released on bail on their 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 applicants will not tamper with the evidence during the trial.

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The applicants will not pressurize/ intimidate the prosecution witness.

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

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The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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The applicants 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 him 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 :- 14.11.2019 / ss

Munni Devi and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munni Devi and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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