Allowed

Usha Verma v. State of U.P.

Allahabad HC23 Feb 2022ABAIL/1318/2022

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicant, a complainant in a domestic case, apprehending arrest due to a matrimonial dispute. The court noted the applicant's clean record and potential impact on settling the family dispute.

What did the court decide?

Anticipatory bail granted in Case Crime No.378 of 2021 under Sections 308, 323 IPC till the conclusion of the trial, subject to personal bond with sureties.

Usha Verma Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1318 of 2022

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Applicant :- Usha Verma Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Karunesh Pratap Singh, learned counsel assisted by Shri Amit Yadav, learned counsel for the applicant and Shri Indra Prakash Srivastava, learned AGA for the State.

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The applicant has moved the instant anticipatory bail application as she apprehends arrest in Case Crime No.378 of 2021 under Sections 308, 323 IPC, Police Station-Sahjanawa, DistrictGorakhpur.

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Shri Karunesh Pratap Singh, learned counsel assisted by Shri Amit Yadav, learned counsel for the applicant contend that the F.I.R. arises out of a matrimonial dispute. The applicant is the motherin-law of the informant. Even as per recitals in the F.I.R., the husband of the informant has been identified as the principal offender who physically assaulted the informant. The applicant has been falsely roped in by the informant only to leverage the criminal case in the matrimonial dispute. The applicant as well as other well wishers of the

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family are making all endeavours to bring about the amicable resolution of the matrimonial dispute. In case the applicant is arrested at this stage, the communication between the parties will break down and the dispute could well be beyond recall. Apart from the instant case, the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned AGA could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from the instant case.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant

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is entitled to be enlarged on anticipatory bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.

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The applicant-Usha Verma is granted anticipatory bail in Case Crime No.378 of 2021 under Sections 308, 323 IPC, Police Station-Sahjanawa, DistrictGorakhpur, till the conclusion of the trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall attend the Court proceedings as and when required.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court 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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail before this Court.

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In case any false facts have been stated on behalf of

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the applicant or material facts have been suppressed, the State or any concerned party may file an application for recall of this order.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P., who shall ensure the compliance of present order.

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Order Date :- 23.2.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.24 10:28:20 IST Reason: Location: High Court of Judicature at Allahabad

Usha Verma v. State of U.P.

Case brief

What is this about?

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Usha Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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