Gayatri Dubey and 2 Other v. State of U.P. and Another
Case brief
What is this about?
Anticipatory bail application rejected for applicant Gayatri Dubey as no threat of arrest existed given charge sheet filing and lapse of time; liberty granted for regular bail.
What did the court decide?
Liberty granted to the applicant to apply for regular bail before the appropriate forum.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7351 of 2021 Applicant :- Gayatri Dubey And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Bhaiya Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record of the anticipatory bail application.
Learned counsel for the applicants has submitted that he does not want to press the bail application on behalf of applicant no. 2 namely Dinesh Dubey, who is father-in-law and applicant no. 3 namely Sonam who is sister-in-law. In view of above, the bail application in respect of applicant no. 2 namely Dinesh Dubey and application no. 3 namely Sonam is rejected as not pressed.
The present anticipatory bail application has been filed by the applicant namely Gayatri Dubey with a prayer to enlarge her on anticipatory bail in Case Crime No. 0063 of 2020, under Sections 323, 504, 506, 498A I.P.C. and Section 3/4 D.P. Act, Police Station Tharwai, District Prayagraj.
In respect of applicant no. 1 namely Gayatri Dubey, learned counsel for the applicant has submitted that the the applicant is mother-in-law of the informant and the marriage of the informant and the son of applicant no. 1 took place nearly before 12 years. The first information report has been lodged with the allegation that the husband of the informant and other accused persons were demanding additional dowry and were harassing the informant for non fulfillment of the dowry demand. The husband has solemnized another marriage and he is insisting the informant for living with his second wife. Thereafter, they committed maar-peet with the informant and and forced to leave the house and giving all types of threats. Submission is that whatever the grievance of the wife is with the husband and applicant being the mother-in-law has been unnecessarily implicated in this case. She has never demanded any dowry nor she in any way harass the informant. The police is inclined to arrest her,
Issues for consideration
1 issue framed by the court
Whether good grounds are made out for granting anticipatory bail to the applicant named in a dowry harassment case.
Parties & counsel
- applicant
Gayatri Dubey
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/7351/2021
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