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2025 DAILYLAW 109759 (ALL)

SMT MUNIYA DEVI @ DHOONIYA DEVI v. STATE OF U.P.

BAIL/46615/2024 · 2025-01-08

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:3832 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46615 of 2024 Applicant :- Smt Muniya Devi @ Dhooniya Devi Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri R.K. Shahi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 117 of 2024, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Khampar, District Deoria during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and on the basis of false allegation, she has been made accused in the present matter along with her family members including father-in-law of the deceased and after considering the entire facts of the case, father-in-law of the deceased has been released on bail by this Court vide order dated 13.12.2024 passed in Criminal Misc. Bail Application No. 45671 of 2024 and on facts case of applicant is at par with him. 4. He further submits, it is a case in which, during investigation cause of death of the deceased could not be ascertained and her viscera was preserved but now viscera report is on record, which has been annexed at page-51 of the paper-book and from its perusal it reflects, no poison was found. 5. He further submits, there is no specific allegation against the applicant and she is lady and in the present matter she is in jail since 20.07.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the fact that applicant is mother-in-law of the deceased and bail application of father-in-law of the deceased has already been allowed by this Court and there is no evidence on record which can suggests that deceased died under abnormal circumstances and applicant is a lady and there is no specific allegation against her and in the present matter she is in jail since 20.07.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Smt Muniya Devi @ Dhooniya Devi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad