Allowed

Anuj Chauhan v. State of U.P. and Another

Allahabad HC13 Oct 2022ABAIL/8075/2022

Case brief

AI extract

What is this about?

This court granted anticipatory bail to Anuj Chauhan in a case involving allegations of dowry-related cruelty. The court imposed conditions including cooperation with investigation, providing a bond, and restrictions on inducing witnesses or leaving India.

What did the court decide?

Grant of anticipatory bail with direction to furnish a bond of Rs.50,000 with two sureties, cooperate with investigation, and obtain permission before leaving India.

Anuj Chauhan Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8075 of 2022

¶3

Applicant :- Anuj Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

Heard Sri Sunil Kumar, learned counsel for the applicant and Ms. Ladli Pandey, learned AGA for the State and also perused the material available on records.

¶6

The applicant is seeking anticipatory bail in connection with Case Crime No. 68 of 2022, under Section 498-A IPC and Sections 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, Sector-39 Noida, District- Gautam Buddh Nagar.

¶7

As per prosecution story, the applicant who happens to be the husband of the informant, is stated to have subjected the victim to cruelty for demand of dowry.

¶8

Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. As per the allegations contained in the FIR, no case is made out against the applicant. There is no evidence whatsoever against the applicant. The charge-sheet has yet not been filed in the matter. The applicant is cooperating with the investigation and he is ready to do so in future. There is no criminal history of the applicant and, therefore, he is entitled for protection from this Court.

¶9

Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not dispute the fact that the applicant has no criminal history.

¶10

Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

¶11

Accordingly, the anticipatory bail application is disposed of with following directions:-

¶12

(A) In the event of arrest of the applicant involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the

¶13

competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

¶14

(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

¶15

(C) 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 them from disclosing such facts to the Court or to any police officer; and

¶16

(D) The applicant shall not leave India without the previous permission of the Court.

¶17

In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶18

Order Date :- 13.10.2022 Siddhant

¶19

Digitally signed by SIDDHANT SAHU Date: 2022.10.14 10:14:00 IST Reason: Location: High Court of Judicature at Allahabad

Anuj Chauhan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anuj Chauhan 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

Arshad Khan Vs State of U.P.

Ashish Kumar Vs State of U.P. and Another

Ragib Rana Vs State of U.P. and 2 Others

Sunil Maurya and Another Vs State of U.P. and Another

Madhuri Vs State of U.P. and 2 Others

Hansnath Vs State of U.P.