Allowed

Soni Devi v. State of U.P. and 3 Others

Allahabad HC30 Nov 2021ABAIL/18173/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant, Soni Devi, in a matrimonial dispute case involving 498-A and IPC offences. The relief was granted on a personal bond of Rs. 50,000 with two sureties, citing delay in allegations and no real fear of absconding.

What did the court decide?

Anticipatory bail granted on a personal bond of Rs. 50,000 with two sureties of the like amount.

Soni Devi Vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18173 of 2021

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Applicant :- Soni Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.,Ashutosh Kumar

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.l

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This anticipatory bail application has been filed on behalf of the applicant - Soni Devi , seeking anticipatory bail in Case Crime No. 20 of 2021, under Sections - 498-A, 323, 504, 506, 313, 376, 377 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, Police Station - Chandaus, District - Aligarh , during pendency of trial.

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At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.

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While the bail application has been opposed by learned AGA, learned counsel for the applicant submits, there is a delay of more than an year in lodging the allegations against the present applicant, who is sister-in-law (jethani) of the first informant. She had a separate living and, in any case, there is neither any injury report nor any material to proceed against the applicant.

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Thus, without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage, keeping in mind the background of the matrimonial dispute and the general allegation.

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In the event of arrest of the applicant - Soni Devi , involved in

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the aforesaid case crime, he shall be released on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned OR before the court concerned on the following conditions:

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(i) The applicant shall make herself available for interrogation by a police officer/by the court as may be the case.

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(ii) 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.

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Present application stands disposed of .

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Order Date :- 30.11.2021 Prakhar

Soni Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Soni Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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