Allowed

Arun Bhaskar and 2 Others v. State of U.P. and Another

Allahabad HC15 Jul 2021ABAIL/2944/2021

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. in a matrimonial dispute involving allegations of cruelty under Section 498A IPC. The court emphasized the importance of compromise and granted bail subject to specific conditions, including the furnishing of a personal bond and a prohibition on leaving India without permission.

What did the court decide?

Application allowed; applicants released on anticipatory bail subject to personal bond of Rs. 50,000 with two sureties, conditions regarding witness interference, and not leaving India.

Arun Bhaskar and 2 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2021)

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2944 of 2021

¶3

Applicant :- Arun Bhaskar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Sharma,Rajiv Sharma Counsel for Opposite Party :- G.A.,Shivam Yadav,Sunil Kumar Singh

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard learned counsel for the applicants, learned counsel for the informant, learned AGA for the State and perused the material brought on record of this application.

¶6

The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants, in Case Crime No.0011 of 2021, under Sections 498A, 323, 504, 506, 406, 420, 376, 511 IPC and 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District Gautam Buddh Nagar.

¶7

Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, hence, this anticipatory bail application is being heard. Learned A.G.A. has received the instructions.

¶8

At this stage considering the facts and circumstances of the case, obviously, it is a case where serious allegations have been made against the father-in-law that he teased his daughter-in-law in many ways, however no injury was caused. It is matrimonial case and both the sides are represented.

¶9

At this stage, learned counsel for the applicants vehemently claimed that a compromise is under-way and some peaceful settlement is also forthcoming and some protection need be given so that both the parties may live in peace in future.

¶10

Also heard the learned AGA.

¶11

Considering that aspect of this case without entering into the merit of this case, it would be proper, convenient and appropriate that both the parties enter into worthy compromise so as to put and end to their controversy for peaceful life in their future.

¶12

With that aspect in view, this Criminal Miscellaneous Anticipatory Bail Application is allowed. In case the applicants are arrested or if the applicants surrender before the court concerned then they shall be released on anticipatory bail.

¶13

In view of above, the applicants- Arun Bhaskar, Madan Pal Bhaskar and Smt. Kanta Bhaskar shall be released on anticipatory bail till cognizance is taken by the competent court on the police report, if any, under section 173 (2) Cr.P.C. on furnishing a personal bond of Rs.

¶14

50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the following conditions:-

¶15

(i) The applicants shall make themselves available for interrogation by the police officer as and when required;

¶16

(ii) The applicants 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 from disclosing such facts to the Court or to any police officer;

¶17

(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited before the S.S.P./S.P. concerned.

¶18

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶19

(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶20

In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

¶21

The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

¶22

The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.

¶23

Order Date :- 15.7.2021 Raj

Arun Bhaskar and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Arun Bhaskar and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Vs State of U.P. and Another

Hakikat Vs State of U.P.

Tauheed Alam Vs State of U.P. and 2 Others

Raju Vs State of U.P. and Another

Firoz Vs State of U.P.

Hem Singh Vs State of U.P. and Another