Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31942 of 2021 Applicant :- Munni Devi @ Koka Opposite Party :- State of U.P.
Counsel for Applicant :- Akash Sharma,Gautam Dubey,Shashank Yadav Counsel for Opposite Party :- G.A.,Ajay Dubey
Hon'ble Samit Gopal,J.
Heard Sri Gautam Dubey, learned counsel for the applicant, Sri Ajay Dubey, learned counsel for the first informant, Sri B.B. Upadhyay, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Munni Devi@Koka, seeking enlargement on bail during trial in connection with Case Crime No. 256 of 2020, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Matsaina, District- Firozabad.
Learned counsel for the applicant argued that applicant is mother-in-law of the deceased and she has been falsely implicated in the present case. It is argued that the deceased was a lady of intemperate nature and was forcing her husband to live separately from the applicant and her husband (father-in- law of the deceased), which was refused by Umesh the husband of the deceased due to which she committed suicide. It is argued that the applicant is not involved in the present matter. Further it is argued that two real sisters namely Smt. Baby and Smt. Geeta (the deceased) were married to two real brothers namely Kuldeep and Umesh respectively and when Smt. Baby was interrogated by the police, she has stated that there was never any demand of dowry and her father has got the F.I.R. lodged due to ulterior motive. It is argued that the general and omnibus allegations have been levelled against all the accused persons. It is argued that the husband of the deceased has been arrested and is in jail. It is further argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. It is argued that the applicant being a lady is entitled to the benefit of Section 437 Cr.P.C. It is argued that the applicant has no other criminal antecedents as stated in para-19 of the affidavit and is in jail since 17.5.2021.
Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and argued that the death of the deceased took place in the matrimonial home within five months of her marriage. It is argued that the cause of death of the deceased could not be ascertained and the viscera was preserved and as per the viscera report "Organo Phosphorous Insecticide Poison" has been found. It is argued that the applicant was living in the same house. It is prayed that the bail application of the applicant be rejected.
After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is mother-in-law of the deceased. The deceased has not received any other bodily injury. The husband of the deceased is in jail. The real sister of the deceased Smt. Baby has been examined who has not stated anything against the applicant, but to the contrary stated that her sister was of an intemperate nature.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the applicant is a lady, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Munni Devi@Koka, 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2021 Naresh (Samit Gopal,J.)