Application for anticipatory bail in Case Crime No. 797 of 2019 involving charges under Section 506 IPC and the Dowry Prohibition Act was rejected. The court found charges made out and noted the pernicious social stigma of continued dowry demands.
Application for anticipatory bail is rejected. The applicant is not to be granted the facility of anticipatory bail.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54084 of 2019
Applicant :- Nain Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Jitendra Singh, the learned Brief Holder on behalf the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No.797 of 2019, under Sections 506 I.P.C. and Section 3/4 D.P. Act, Police Station Deoband, District Saharanpur.
From a perusal of the allegations made in the FIR, it is manifest that the charges as levelled under Section 3/4 D.P. Act are clearly made out. The Court also takes note of the great social evil where dowry continues to be demanded and made a foundation for marriage even 59 years after the passing of the aforementioned Act. Bearing in mind the pernicious social stigma which it represents, the Court finds no ground to accord the facility of anticipatory bail to the applicants.
Consequently, the application is rejected .
Order Date :- 12.12.2019 Vivek Kr.
3 issues framed by the court
Whether anticipatory bail can be granted in a case involving offences under Section 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act.
Whether the apprehension of arrest is well-founded in light of the social stigma associated with dowry demands.
Whether the allegations clearly make out a prima facie case under Section 3 and 4 of the Dowry Prohibition Act warranting rejection of bail.
2 provisions across 2 enactments
Nain Singh
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
