This bail application considered the release of the applicant, the mother-in-law of the deceased, in a dowry-related case. The court found specific allegations against her lacking and the cause of death to be suicide. The bail was allowed subject to standard conditions.
Release on bail upon furnishing personal bond and two reliable sureties of like amount.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53868 of 2022
Applicant :- Smt Munni Devi Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 322 of 2022, under Sections 498-A, 304-B, 504, 352 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sindhauli, District Shajhahanpur, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case due to ulterior motive. Her son Vinay was married to the deceased on 26.04.2016.
Learned counsel for the applicant has next submitted that after the marriage, she had never made any demand of additional dowry either from the deceased or her family members nor ever tortured her, maltreated her or subjected her to cruelty for the non-fulfillment of the same. On the basis of general and vague allegation of demand of additional dowry, instant FIR has been lodged against as many as eight family members including the applicant. There is no specific allegation against the applicant.
Learned counsel for the applicant has next drawn the attention of the Court to the post-mortem report, wherein the Doctor has noted the cause of death to be asphyxia as a result of ante-mortem hanging and except a ligature mark, there is no other injury on the person of the deceased.
Learned counsel for the applicant has next submitted that victim in fact committed suicide by hanging herself on account of some matrimonial discord and the applicant has absolutely no role to play in the said incident and only on account of being the mother-in-law of the deceased,
she has been nominated as an accused in the present case.
Learned counsel for the applicant has next submitted that the applicant is a lady and is in jail since 03.11.2022 and has no criminal history to her credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, she may be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that applicant is the mother-in-law of the deceased and except general and vague allegation, no specific allegation has been made against the applicant. The applicant is a lady and is in jail since 03.11.2022 and has no criminal history to her credit.
Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that applicant is the mother-in-law of the deceased and her son Vinay was married to the deceased on 26.04.2016. General and vague allegation of demand of additional dowry has been made against her and there is no specific allegation to show that the applicant tortured her, maltreated her or subjected her to cruelty for the non-fulfillment of demand of additional dowry. There is no specific evidence to show that the applicant, in any manner, is responsible for causing death of her daughter-in-law.
Furthermore, as per the post-mortem report, the Doctor has noted the cause of death to be asphyxia as a result of ante-mortem hanging and except a ligature mark, there is no injury on the person of the deceased. The applicant is a lady and is in jail since 03.11.2022 and has no criminal history to her credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Smt. Munni Devi be released on bail in the aforesaid case on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 28.11.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.11.28 14:57:50 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant who is an accused in a dowry death case where specific allegations against her are vague.
Whether the applicant could flee or tamper with witnesses given her lack of criminal history and her gender.
Whether cause of death being suicide exempts the mother-in-law from liability for dowry death charges.
Smt Munni Devi
Rajiv Gupta
Nadim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
