Allahabad High Court
Munni Devi vs State Of U.P. on 17 July, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:115461
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24464 of 2025
Applicant :- Munni Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- R.P.S. Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri R.P.S. Chauhan, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.87 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station Aliganj, District Bareilly, during the pendency of trial.
4. As per prosecution story, the marriage of the son of the applicant was solemnized with the deceased person as per Hindu Rites in the year 2021. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby lead her to death on 24.03.2025 at about 3:00 p.m.
5. Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. She has nothing to do with the said offence. The FIR is delayed by more than four hours and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons.
6. Learned counsel for the applicant has further stated that there is no particular demand of dowry in the FIR. It is simply stated that the applicant and her son were not satisfied with the dowry given at the time of marriage. Subsequently it has come up in the statements of witnesses that the husband used to demand a motorcycle from the deceased, as such, the case of the applicant is at a different footing to the husband of the deceased.
7. Learned counsel for the applicant has also stated that during investigation it has come up that the date of marriage of the son of the applicant was 28.10.2020. There is no criminal history of the applicant. The applicant is languishing in jail since 08.05.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
8. Learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt, as such, the applicant is not entitled for bail.
9. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599 has categorically opined that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.
10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicant is the mother-in-law of the deceased and there are general and omnibus allegations against all the accused persons,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.
11. Let the applicant- Munni Devi, who is involved in aforementioned case crime 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 evidence during trial.
(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 17.7.2025
(Ravi Kant)
(Justice Krishan Pahal)
