Allowed

Chandra Pal Sharma v. State of U.P. and Another

Allahabad HC22 Jul 2021ABAIL/5065/2021

Case brief

AI extract

What is this about?

The single-judge court granted interim anticipatory bail to the applicant in a matrimonial dispute case involving Sections 498A and Dowry Prohibition Act. The court found no criminal antecedents and no likelihood of the applicant fleeing justice or tampering with evidence.

What did the court decide?

Interim anticipatory bail granted on furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount.

Chandra Pal Sharma Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5065 of 2021

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Applicant :- Chandra Pal Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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

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This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.70 of 2020, under Sections 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station - Mahila Thana, District - Bulandshahar, during the pendency of trial.

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Urge made on behalf of the applicant is confined to the ambit that it is matrimonial dispute and there is possibility of settling the dispute between husband and wife. The applicant being father-inlaw of the victim has no concern with the dispute between husband and wife. In this case, Sumit Sharma, husband of the victim has already been admitted to bail by this Court vide order dated 05.04.2021 in criminal misc. anticipatory bail application no.5294 of 2021. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the applicant.

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Taking into consideration the nature of accusation and lack of criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case, at this stage. Accordingly, this anticipatory bail is disposed.

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In the event of arrest of the applicant Chandra Pal Sharma involved in the aforesaid case crime, he shall be released on interim anticipatory bail during investigation, on his 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 on the following conditions:

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(i) The applicant shall make himself available for interrogation by a police officer as and when required.

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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 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 officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 22.7.2021 rkg

Chandra Pal Sharma v. State of U.P. and Another

Case brief

What is this about?

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Chandra Pal Sharma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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