Single judge allowed bail to Smt Munni, the mother-in-law of the deceased, in a case under Sections 498-A, 304-B IPC and the Dowry Prohibition Act, finding prima facie satisfaction of court in support of charges despite general allegations.
Applicant released on bail on execution of personal bond and furnishing two sureties.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22114 of 2021
Applicant :- Smt Munni Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Anil Kumar Srivastava (Senior Adv.),Ravi Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that the applicant is the mother-in-law '(sas)' of the deceased. The applicant is innocent and has been falsely implicated in the present case. General and vague allegations has been made against the applicant. No offence has been committed by the applicant. The case of the applicant is based on separate living and there was no occasion or motive for the applicant to indulge in any such crime. She has no concern with the so called demand of dowry and she is not the beneficiary of the same. The applicant never raised any demand for dowry. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 04.02.2021.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Smt Munni involved in Case Crime No. 266 of 2020, under Sections - 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Fetahpur Sikri, District - Agra be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following
conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 9.6.2021 S Rawat
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.11 17:03:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant entitled to bail in a case involving allegations of dowry death under Sections 498-A and 304-B IPC.
Whether reasonable grounds exist to admit the mother-in-law to bail in a matrimonial cruelty case.
2 provisions across 2 enactments
Smt Munni
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
