Allowed

Satyavrat Pal Singh and Another v. State of U.P. and Another

Allahabad HC11 Feb 2022ABAIL/858/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application filed by an elderly couple accused of dowry harassment, the court observed the applicants' lack of criminal history and the possibility of reconciliation. The court referred the matter to the High Court Mediation Centre, granted anticipatory bail on specific conditions, and fixed directions for mediation.

What did the court decide?

Anticipatory bail allowed till conclusion of trial subject to conditions and deposit of Rs. 25,000 for mediation.

Satyavrat Pal Singh and Another Vs State of U.P. and… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 858 of 2022

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Applicant :- Satyavrat Pal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Krishna Kant Yadav, learned counsel for the applicants and Shri Nafees Ahmad, learned AGA for the State.

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Shri Krishna Kant Yadav, learned counsel for the applicants contends that the applicants have been falsely implicated in the case. The applicant no.1 and applicant no.2, aged about 70 and 65 years respectively, are the father-in-law and the motherin-law of the complainant/opposite party no.2. The complaint case arises out of a matrimonial dispute between the son of the applicants and their daughter-in-law, who is the complainant. The applicants were never harassed the daughter-in-law nor demanded any dowry. The opposite party No.2/complainant has not suffered any injuries. There is no injury report which corroborates the allegation of physical assault. There is good possibility of amicable resolution of the matrimonial dispute. However, in case the applicants are arrested, the breach between the

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parties will be beyond recall. Apart from the instant cases, the applicants do not have any criminal history. Lastly it is contended by the learned counsel for applicants 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 applicants do 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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The parties will attempt a reconciliation with the assistance of the Allahabad High Court Mediation and Conciliation Centre, Allahabad.

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The matter is referred to the Allahabad High Court Mediation and Conciliation Centre, Allahabad to

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attempt to bring about conciliation between the parties through the process of mediation. The following directions shall be executed by the respective parties:

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The applicants are directed to deposit a sum of Rs.25,000/- before the Allahabad High Court Mediation and Conciliation Centre, Allahabad within a period of two months from today.

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Rs.20,000/- shall be released in favour of the opposite party no.2, namely Smt.Shweta while Rs.5,000/- shall be retained by the Allahabad High Court Mediation and Conciliation Centre, Allahabad. The amount shall be disbursed to the opposite party no.2 immediately upon her appearance before the Allahabad High Court Mediation and Conciliation Centre, Allahabad.

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The applicants shall remain present before the Allahabad High Court Mediation and Conciliation Centre, Allahabad in the month of July, 2022 or whenever the mediation centre starts functioning regularly, whichever is earlier.

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The Allahabad High Court Mediation and Conciliation Centre, Allahabad, shall fix the first date for mediation in the month of July, 2022 and issue notices to the parties accordingly or when the

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Mediation Centre resumes normal functioning.

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The proceedings shall be concluded within a further period of four months from the date of initiation of the mediation proceedings.

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In case the applicants do not cooperate in the mediation proceedings or fail to deposit the aforesaid amount, the Allahabad High Court Mediation and Conciliation Centre, Allahabad, shall submit a report to this Court and the process for recall of this order shall be commenced.

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I see merit in the submissions of the learned counsel for the applicants and hold that the applicants are 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 applicants-Satyavrat Pal Singh and Usha Singh are granted anticipatory bail in Complaint Case No.1226 of 2021 (C.N.R.No.UPSL010090172021), Computer Registration No.2476/2021 under Section 498A I.P.C., Police Station-Chandausi, District-Sambhal at Chandausi, till the conclusion of the trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction

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of the court concerned with the following conditions:-

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

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(ii) The applicants 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 them from disclosing such facts to the court to any police officer or tamper with the evidence.

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(iii) The applicants 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 the applicants 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 applicants are 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 :- 11.2.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.14 11:32:13 IST Reason: Location: High Court of Judicature at Allahabad

Satyavrat Pal Singh and Another v. State of U.P. and Another

Case brief

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Satyavrat Pal Singh and Another v. State of U.P. and Another

Case brief

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