Manju Verma v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49665 of 2023 Applicant :- Manju Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Shamasul Eslam, Advocate filed his power on behalf of the informant,

which

is

taken

on

record.

¶2Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Shamasul Eslam, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State.

¶3The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 192 of 2023, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Phephna, District Ballia during pendency of the trial.

¶4FIR of the present case was lodged against applicant and her family members and according to the FIR marriage of the son of the applicant was performed with the daughter of the informant on

17.02.2023 and after marriage applicant and her family members tortured her for motorcycle and on 19.07.2023 informant received an information that his daughter has died.

¶5Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and on the basis of false allegation of demand of dowry and torture, she has been made accused in the present matter. He further submits that there is no specific allegation against the applicant and on the basis of general allegation she has been made accused along with her family members including father-in-law of the deceased.

¶6He further submits that father-in-law of the deceased has already been released on bail and his bail order has been annexed as Annexure-6 to the affidavit. He further submits that applicant is a lady and case of applicant is even at better footing that the case of father-in-law of the deceased.

¶7He further submits that post mortem report of the deceased suggests that deceased died due to hanging and it appears that some dispute arose between husband and wife and thereafter deceased committed suicide by hanging herself. He further submits that applicant is not having any criminal history and in the present matter she is in jail since 20.07.2023.

¶8Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that applicant is mother-in-law of the deceased and there is no specific allegation against her and father-in-law of the deceased has already been released on bail.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the fact that applicant is mother-in-law of the deceased and there is no specific allegation against her and post mortem report of the deceased suggests that deceased died due to hanging and father-in-law of he deceased has already been enlarged on bail, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant -Manju Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.11.2023 AK Pandey High Court of Judicature at Allahabad