Allahabad High Court
Smt. Munni Devi @ Meena Gupta vs State Of U.P. on 12 September, 2019
Author: Anant Kumar
Bench: Anant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 8681 of 2019 Applicant :- Smt. Munni Devi @ Meena Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Vaibhav Gupta,Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Anant Kumar,J.
Sri Sunil Kumar Singh, Advocate and Sri Vinod Kumar Singh, Advocate has filed the Vakalatnama jointly on behalf of the complainant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A.on behalf of the State and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No.266 of 2019, under Sections 306, 498-A I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Kotwali, District- Sitapur.
Submission of learned counsel for the applicant is that the applicant is mother-in-law of the deceased. As per version of the F.I.R., it is stated that marriage of the deceased had taken place with the co-accused Ankit Gupta on 12.3.2011. It is alleged that entire family members were involved for demanding Rs.10,00,000/- as an additional dowry for the purpose of business. She was constantly tortured, due to which, she had gone under depression and her treatment was going on. On 28.4.2019, there was a dispute between the family members and due to which, in the evening on 28.4.2019, the deceased had committed suicide by hanging.
It is stated by learned counsel for the applicant that the applicant is a lady and there is no active role shown against the applicant.
Opposing the prayer for bail, learned A.G.A. has stated that as per post mortem report, apart from ligature mark, three injuries were there on the part of body of the deceased, one abrasion on the wrist and other was incised wound on the wrist joint and there was contusion on palmer aspect of right hand just below right hand.
It is stated that it is not a case of suicide. In fact, the deceased was tortured just before the incident and she was forced to commit suicide. Looking to the facts and circumstances of the case, since the applicant is a lady and no specific role has been assigned to her, therefore, applicant is entitled to be released on bail.
Learned A.G.A. has not disputed the aforesaid facts.
Considering the facts and circumstances of the case and the submission advanced, the applicant is entitled to be released on bail. The bail application is allowed.
Let the applicant Smt. Munni Devi @ Meena Gupta be released on bail in the above case on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
However, it is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 12.9.2019 sks