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Neutral Citation No. - 2025:AHC:134965 Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27450 of 2025 Applicant :- Munni @ Tarawati Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
2. The instant second bail application has been filed on behalf of the applicant with a prayer to release her on bail in case crime no. 567 of 2023 u/s 498-A, 304-B I.P.C. and section 3/4 of Dowry Prohibition Act P.S. Dataganj, District Budaun, during pendency of the trial.
3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is mother-in-law of the deceased. Further submission is that applicant's first bail application was rejected on 27.08.2024 and subsequent development is that co-accused, Nem Chand, who is father-in-law of the deceased has been granted bail by the Co- ordinate Bench of this Court vide order dated 01.07.2025 passed in Crl. Misc. Bail Application No.7611 of 2024. He next submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has no criminal history. The applicant is languishing in jail since 31.12.2023. In case, she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
4. On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that the case of the applicant is similar to that of co-accused, who have been granted bail and without expressing any opinion on the 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.
6. Let the applicant, Munni @ Tarawati be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release
order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad