Allowed

Munni Devi v. State of U.P.

Allahabad HC1 Jun 2023ABAIL/2878/2023

Case brief

AI extract

What is this about?

The High Court allowed anticipatory bail under Section 438 Cr.P.C. for an accused in a dowry-related case, citing lack of criminal history, no flight risk, and no criminal antecedents, while refusing to express an opinion on the merits.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 25,000 with two sureties, subject to standard conditions including appearance in court and non-interference with witnesses.

Munni Devi Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123028

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2878 of 2023

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Applicant :- Munni Devi Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,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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This anticipatory bail application has been moved seeking bail in Case No.1065A/2006 (State Vs. Smt. Uma Devi and others) arising out of Case Crime No. 13/2006, under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Jalaun, District Jalaun during the pendency of trial.

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It has been argued by the learned counsel for the applicant that applicant is innocent and she has been falsely implicated in this case. Applicant is the Jethani of the deceased Krishna, who committed suicide in the year 2006 and the charge sheet was challenged before this Court under Section 482 Cr.P.C. in which proceedings were stayed on account of implication of judgment passed in the case the aforesaid interim order came to an end and the application was dismissed for want of prosecution. It is submitted that the husband and two brother in law (Jeth) of the deceased have already been acquitted since all the witnesses of fact turned hostile. The applicant is named in the FIR for the reason that she is the wife of the Jeth of the deceased. It is submitted that co-accused Hira Devi @ Archana has already been granted anticipatory bail by co-ordinate Bench of this Court vide order date 18.05.2023 in Criminal Misc. Anticipatory Bail Application No.2879 of 2023. It is submitted that she would join investigation as and when required and that she would fulfill all the conditions of bail. It has been stated that applicant is having apprehension of imminent arrest and that applicant has no criminal history and that in case, she is granted anticipatory bail, she shall not misuse the liberty of bail and will cooperate with the investigation.

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Per-contra, learned A.G.A. has opposed the application for anticipatory bail but could not dispute the aforesaid aspect of the matter.

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Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no criminal antecedents of applicant and there being no possibility of fleeing from justice and in view of law laid down by Hon'ble Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Munni Devi , involved in aforesaid case crime shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 25,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :-

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(i) the applicant shall appear before the learned trial court on each date when the case is fixed unless exempted.

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(ii) 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 him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 1.6.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Munni Devi v. State of U.P.

Case brief

What is this about?

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Munni Devi v. State of U.P.

Case brief

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