Allowed

Smt. Murti @ Murtiyan v. State of U.P.

Allahabad HC26 Feb 2019BAIL/8261/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed wherein the applicant, a mother-in-law with no criminal history, was granted bail in a dowry death case instituted against six accused persons, including the applicant, citing lack of independent evidence against her.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in a specified amount.

Smt. Murti @ Murtiyan Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8261 of 2019

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Applicant :- Smt. Murti @ Murtiyan Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,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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According to prosecution case, F.I.R. was lodged by the informant against six accused persons namely, Munesh, Jaganpal, Atar Singh, Chando, father-in-law and nanad alleging that the marriage of deceased Dharmwati was solemnized with Munesh before four years, they demanded dowry as rupees two lacs from the deceased for which the deceased was being tortured by them and on 25.6.2014 they killed Dharmwati by strangulation.

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It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself. She is languishing in jail since 24.3.2018 (more than eleven months) having no criminal history 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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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Smt. Murti @ Murtiyan involved in Case Crime No. 172 of 2014, under Sections 498-A, 304-B, 302 IPC and Section 3/4 Dowry Prohibition Act, P.S. Islamnagar, District Budaun be released on bail on furnishing a personal bond and two sureties each in the like

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amount to the satisfaction of the court concerned subject to following conditions:

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

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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

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4.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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5.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 court below shall be at liberty to cancel the bail.

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Order Date :- 26.2.2019

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A. Singh

Smt. Murti @ Murtiyan v. State of U.P.

Case brief

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Smt. Murti @ Murtiyan v. State of U.P.

Case brief

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