The court allowed the bail application of Dr. Gaurav Sharma, the applicant, who was accused of dowry harassment and attempted poisoning. The court found no evidence of misuse of bail and no criminal history for the applicant.
The applicant was released on bail by furnishing a personal bond and two sureties, subject to five standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12937 of 2018
Applicant :- Dr. Gaurav Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Pramod Bhardwaj,Ashok Kumar Pandey,Pawan Kumar Bhardwaj Counsel for Opposite Party :- G.A.,J.B. Singh
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by Sri J.B. Singh, learned counsel for the complainant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant and perused the record.
According to the prosecution case F.I.R. was lodged against four accused persons, namely, husband of Paridhi Garg, Dr. Gaurav Sharma, J.R. Shrama, father-in-law, Smt. Nalini, mother-in-law and Sangita, sister-in-law on 9.1.2018 after 11 days of the incident alleging that marriage of Paridhi Garg was solemnized with Dr. Gaurav Sharma on 19.7.2017 and they are torturing for demand of dowry. On the call of the applicant, Paridhi Garg went to the house of the applicant on 28.12.2017 and in the house of the applicant they assaulted and administered forcibly poison on her mouth. She received injuries on her face and neck.
Learned counsel for the applicant submitted that applicant is the husband of Paridhi Garg and is languishing in jail since 12.3.2018 (more than four and half months); having no criminal history. Both are doctors and marriage was solemnized without dowry; she has falsely implicated to whole family of the applicant. Injuries are false and fabricated and no chemical was found in the examination report and only paracetamol and ethyl alcohol were found and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no independent witnesses.
Learned counsel for the applicant further submitted that vide order dated 25.6.2018 in an application under Section 482 Cr.P.C. No. 21860 of 2018, the matter was sent to the Mediation Centre for compromise and the proceedings of the case relating to father-in-law and mother-in-law were
stayed and previously the arrest of was stayed by this Court. Learned counsel for the applicant also submitted that Paridhi Garg, on the date of incident, came herself in the house of the applicant.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Learned counsel for the complainant submitted that on 29.12.2017, he has made an application before the Senior Superintendent of Police, Gautam Budh Nagar by registered post. Thereafter, this F.I.R. was lodged; delay has been explained.
Without going into the merit of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Dr. Gaurav Sharma involved in Case Crime No. 4 of 2018, under Sections 308, 328, 323, 406, 504, 506, 498A I.P.C. and 3/4 of D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. Order Date :- 30.7.2018 OP
1 issue framed by the court
Whether the applicant is a fit case for bail in a domestic violence case involving allegations of dowry harassment and poisoning.
3 provisions across 3 enactments
Dr. Gaurav Sharma
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
