This court allowed a bail application filed by the applicant, Smt. Munni, accused in a dowry death case. The court granted bail based on parity with a similarly placed co-accused who had already been released on bail by a coordinate bench.
The applicant is released on bail on furnishing a personal bond and two sureties each, subject to four standard conditions.
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Neutral Citation No. - 2023:AHC:120914
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18078 of 2023
Applicant :- Smt. Munni Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Chaurasia Counsel for Opposite Party :- G.A.,Aditya Kumar Rai,Dhirendra Kumar Verma
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, Sri Aditya Kumar Rai, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 234 of 2022, under Sections 498-A, 304-B, 316 of IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Naraini, District Banda with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and she has been falsely implicated in the present case being mother-in-law of deceased Malti. It is further submitted that no specific role has been assigned to the applicant in the F.I.R. It is further submitted that similarly placed co-accused Ramsharan @ Raja (father-in-law of the deceased) has already been granted bail by the co-ordinate Bench of this Court vide order dated 24.05.2023 passed in Criminal Misc. Bail Application No. 19717 of 2023, and therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that applicant is languishing in jail since 25.10.2022 having no criminal history and that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate assisted by learned counsel for the informant has opposed the prayer for grant of bail but they could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, all attending facts and circumstances of the case and the fact that
similarly placed co-accused Ramsharan @ Raja (father-in-law of the deceased) has already been granted bail by the co-ordinate Bench of this Court, without expressing any opinion on 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.
Let the applicant Smt. Munni in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 30.5.2023 AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant considering parity with a similarly placed co-accused who has already been granted bail.
Colour shows how this judgement treated each authority
Bail Application No. 19717 of 2023Referred¶8
Criminal Misc. Bail Application No. 19717 of 2023
Smt. Munni
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
