Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34163 of 2021 Applicant :- Munni Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.,Arvind Agrawal
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of informant and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 0050 of 2021, under Section 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station-Khairgarh, District-Firozabad, during the pendency of trial.
As per the prosecution case in brief, informant who is father of the deceased Radha, has lodged F.I.R. on 05.05.2021 regarding an incident dated 04.05.2021 against Ram Dev @ Ramu, Vainiram and Munni Devi who are husband, father-in-law and mother-in-law of the deceased alleging inter alia that marriage of his daughter was solemnized in the year 2013 with co- accused Ram Dev @ Ramu. Though he had given sufficient gifts and dowry in the marriage of his daughter, but the accused persons were not satisfied and there was demand of additional dowry also. F.I.R. further alleges that on account of non- fulfillment of their demand, his daughter was done to death in her matrimonial home on 04.05.2021.
It is argued by learned counsel for the applicant that applicant has been falsely implicated in this case. General allegation of demand of dowry has been alleged against all the accused persons. No specific role of harassment or torture has been attributed to the present applicant, who is mother-in-law of the deceased. It is next submitted that as per the post-mortem report cause of death is ante-mortem hanging and no other injury has been found on the body of the deceased. It is also pointed out that that co-accused Vainiram, who is father-in-law of the deceased and husband of the applicant, has been granted bail by the co-ordinate Bench of this Court vide order dated 02.09.2021 in Criminal Misc. Bail Application No. 33947 of 2021. The case of the present applicant is distinguishable from the case of co-
accused Ram Dev @ Ramu, who is husband of the deceased. It is further submitted that the applicant is languishing in jail since 07.07.2021 having no criminal history. Lastly, it is submitted that if the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. as well as learned counsel appearing on behalf of informant have opposed the prayer for bail of the applicant, but they do not dispute the factual aspects of the matter as argued on behalf of the applicant.
After having heard learned counsel for the parties, I find that applicant is mother-in-law and no specific role has been attributed to her as well as identically situated co-accused Vainiram, who is father-in-law of the deceased has been granted bail, therefore, applicant is also entitled to be released on bail on the ground of parity. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
Let the applicant Munni Devi 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 shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.9.2021 Sunil Kr. Gupta Digitally signed by SANJAY KUMAR SINGH Date: 2021.09.17 17:55:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad