Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20098 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51194 of 2023 Applicant :- Smt. Munni Devi Opposite Party :- State of U.P. Counsel for Applicant :- Babu Lal Ram,Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.,Rajesh Kumar Sachan,Sandhya Sachan Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the material brought on record. 2. This bail application has been filed by the applicant-accused in Case Crime No. 157 of 2023, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Mangalpur, District - Kanpur Dehat with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for applicant that applicant is innocent and she has been falsely implicated in this case. Applicant is mother-in-law of deceased. The marriage of deceased with son of applicant has taken place on 02.05.2022. Only general allegations of demand of dowry and harassment of deceased have been levelled against all the accused persons, including applicant. No specific role has been assigned to the applicant. It was submitted that there was some dispute between deceased and her husband and she has committed suicide due to that reason. In postmortem report, except ligature mark, no injury has been shown on body of deceased and cause of death is
asphyxia as a result of ante-mortem hanging. It was submitted that during trial, the three witnesses of fact, including informant, have been examined and they have not supported the prosecution version and turned hostile. Learned counsel has referred statement of P.W.-1 Ram Kumar Rathore, who is informant/father of deceased, and pointed out that he has denied prosecution version and turned hostile. Similarly, P.W.-2 Uma Devi and P.W.-3 Prakash, who are mother and brother of deceased respectively, have also not supported the prosecution version and turned hostile. Co-accused Satya Narayan @ Sattan, who is father-in-law of deceased, and co-accused Vishal, who is husband of deceased, have already been granted bail by this Court. It was stated that applicant is languishing in jail since 23.05.2023 and there are number of formal witnesses, who are yet to be examined, and thus trial of the case would take sufficient long time.
Lastly, it was submitted that in case the applicant is released on bail, she will not misuse the liberty of bail and will co-operate in trial. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but it could not be disputed that similarly placed above-stated co-accused persons have already been granted bail by this Court. 5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. 6. The bail application is allowed. 7. Let the applicant - Smt. Munni Devi involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless her personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 11.2.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad