SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(All) 97497

HIGH COURT OF JUDICATURE AT ALLAHABAD


CRIMINAL MISC. BAIL APPLICATION No. - 25843 of 2026


Munka @ Chameli@ Chamela

.....Applicant(s)

Versus

State Of U.P. Thru. Principal Secretary Home

.....Opposite Party(s)


Counsel for Applicant(s) : Abhishek Kumar Singh

Counsel for Opposite Party(s) : G.A.


Court No. - 66


HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Advocates:
Petitioner: Abhishek Kumar Singh
Respondent: G.A.

1. Heard Sri Abhishek Kumar Singh, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 100 of 2026, Under Sections 80(2), 85, 3(5) B.N.S. & Section 3/4 D.P. Act, Police Station- Mirzamurad, District-Varanasi, during the pendency of the trial.

3. The contention of the learned counsel for the applicant is that the applicant is the mother-in-law of the deceased, who was killed by the co-accused, Ajit Kumar Patel (dewar of the deceased), for the reason that he was annoyed with the deceased as she was opposing his marriage with her younger sister. It is further submitted that the co-accused, Ajit Kumar Patel, himself called the police, and a blood-stained kulhadi was also recovered from him. It is further submitted that, even from a perusal of the statement of the first informant, it is clear that a specific allegation of harassment and demand for dowry has been made against the husband of the deceased, and the applicant has been falsely implicated by making general allegations against the entire family of the husband of the deceased. It is further submitted that the applicant has no criminal history and being a lady, she is entitled to be released on bail in view of Section 480(1) BNSS. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 17.04.2026. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that applicant is a lady and also keeping in view the nature of offence, evidence, complicity of the accused and also taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed

6. Let the applicant- Munka @ Chameli @ Chamela, involved in the aforementioned 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, with the following conditions:-

i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond executed by her.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

9. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

10. It is made clear that the applicant shall be released on the basis of computer generated copy of

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top