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2025 DAILYLAW 108287 (ALL)

SMT MUNNI BEGUM v. STATE OF U.P. ANOTHER

NABAIL/11416/2024 · 2025-02-09

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20746 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11416 of 2024 Applicant :- Smt Munni Begum Opposite Party :- State Of U.P. Another Counsel for Applicant :- Parvez Alam Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party no. 1, and perused the material available on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 450 of 2023, under Sections 498-A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shahganj, District Agra. 4. Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased and has been falsely implicated in the instant case. There are vague and general allegations against the applicant. As per the statement of the independent witness, the applicant was living separately from the couple. During the pendency of the investigation, the applicant was granted interim protection till the submission of police report by this Court vide order dated 20.03.2024 passed in Criminal Misc. Writ Petition No. 4373 of 2024, Smt Munni Begum v. State of U.P. and others. Further, charge-sheet was submitted against co-accused Furkan, the husband of the deceased, on 21.12.2023 and the trial had proceeded against him. The informant in his cross-examination dated 07.08.2024 has not supported the prosecution version and had turned hostile. At this stage there is no credible evidence to link the applicant with the offence. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by order dated 16.10.2024. The applicant has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that there are vague and general allegations against the applicant. During the pendency of the investigation, the applicant was granted interim protection. The applicant had cooperated in the investigation. Charge-sheet was submitted against co-accused Furkan, the husband of the deceased, on 21.12.2023 and the trial had proceeded against him. The informant in his cross-examination dated 07.08.2024 has not supported the prosecution version and had turned hostile. At this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Smt. Munni Begum, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make herself available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 10.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad