Allowed

Smt. Munni Devi @ Sarvesh v. State of U.P.

Allahabad HC6 Oct 2023BAIL/35860/2022

Case brief

AI extract

What is this about?

This judgment allows a second bail application filed by Smt. Munni Devi in a trial for offences including 498-A IPC. The court held that since the parents of the deceased declared themselves hostile and coordinate benches granted bail to other co-accused, the applicant should be released on personal bond and two sureties.

What did the court decide?

Bail allowed by furnishing a personal bond and two sureties each in the like amount with specific conditions.

Smt. Munni Devi @ Sarvesh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:193076

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35860 of 2022

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Applicant :- Smt. Munni Devi @ Sarvesh Opposite Party :- State of U.P. Counsel for Applicant :- Pragati,Archana Jha,Shaili Ganguly Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P./opposite party no.1.

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2-The instant second bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 113 of 2021, under Sections 498-A, 304-B, 323 of I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Kemri, District-Rampur, during the pendency of trial.

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3-First bail application of the applicant was rejected by this Court vide order dated 25.03.2022 in Criminal Misc. Bail Application No.2198 of 2022.

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4-It is submitted by learned counsel for the applicant that the instant bail application has been preferred by the applicant mainly on the ground that before the trial Court, statements of Smt. Mamta (mother of the deceased) as PW-1 and Veer Singh (father of the deceased) as PW-2 were recorded on 15.02.2023 and 28.03.2023 respectively, but at the request of prosecution they have been declared hostile by the trial Court, therefore, there is bleak chance of conviction of the applicant. It is also pointed out that other co-accused persons of this case, namely, Priti, Deepak @ Titu, Kailash Babu, Pratap and Ram Singh (brother-in-law) have been granted bail by the coordinate Bench of this Court vide orders dated 28.06.2022, 28.06.2022, 06.08.2022 and 17.10.2022 in Criminal Misc. Bail Application Nos. 25041 of 2022, 25061 of 2022, 29317 of 2022 and 2364 of 2022 respectively. Lastly, it is submitted by learned

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counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 13.08.2021 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that since mother and father of the deceased did not support the prosecution case and have been declared hostile by the trial Court and similarly situated co-accused persons have been granted bail as noted above, therefore, the present applicant is also entitled to be released on bail. Hence, the bail application is hereby allowed .

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7-Let the applicant- Smt. Munni Devi @ Sarvesh , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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 or to any police ofÏcer or tamper with the evidence.

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(iii) That after her release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 6.10.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Smt. Munni Devi @ Sarvesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Munni Devi @ Sarvesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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