Allowed

Munesh Devi v. State of U.P.

Allahabad HC7 Feb 2022BAIL/44922/2021

Case brief

AI extract

What is this about?

This judgment grants bail to Munesh Devi @ Munni Devi Giri, an accused in a murder case (Sections 302/328 IPC), after dismissing objections by the state. The court observed that the applicant was previously bailed for the same incident and found she had made out a case.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two heavy sureties, subject to conditions regarding appearance and conduct.

Munesh Devi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 53

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44922 of 2021

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Applicant :- Munesh Devi @ Munni Devi Giri Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh,Rahul Gaur Counsel for Opposite Party :- A.G.A.

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Hon'ble Om Prakash-VII,J.

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Heard Shri Rahul Gaur, 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 aged about 72 years old. She is innocent and has been falsely implicated in the present case. She has not committed the present offence. It is further submitted that earlier she was allowed on bail in this crime for the offence under Sections 498-A, 323, 304-B IPC and Section 3/4 D.P. Act on 25.08.2020 through Criminal Misc. Bail Application No. 21166 of 2020. Present bail application has been moved in added section for the offence under Sections 302 & 328 IPC. It is further submitted that applicant is on bail in this crime on the basis of same set of facts. Offence under Sections 302 & 328 IPC are not attracted in the present matter. The applicant has no criminal history. She is languishing in jail since 15.09.2021 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, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. 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 Munesh Devi @ Munni Devi Giri involved in Case Crime No.25 of 2020, under Sections 302, 328 IPC, P.S. Hajratnagar Gadhi, District - Moradabad 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.

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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 :- 7.2.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.02.08 15:09:30 IST Reason: Location: High Court of Judicature at Allahabad

Munesh Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munesh Devi v. State of U.P.

Case brief

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