Dismissed

Sharad Sharma v. State of U.P. Thru. Prin.Secy. Home Lko. and Another

Allahabad HC3 Jan 2023/2184/2022

Case brief

AI extract

What is this about?

This bench dismissed a criminal miscellaneous application for anticipatory bail filed by Sharad Sharma seeking protection against arrest in a domestic dispute case involving dowry and sexual offences. The court held that since the charge sheet had already been filed, the appropriate remedy is a regular bail application before the trial court.

What did the court decide?

Application for anticipatory bail dismissed on the ground that the charge sheet has already been filed.

Sharad Sharma Vs State of U.P. Thru. Prin.Secy. Home Lko… — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 11

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2184 of 2022

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Applicant :- Sharad Sharma Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko. And Another Counsel for Applicant :- Kirti Kar Tripathi,Shrikant Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.172 of 2022, under Sections 498-A, 323, 504, 506, 377 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Ashiyana, DistrictLucknow.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.6 of the application, which is a compromise between the applicant and his wife regarding the possession of jewelry etc. Learned counsel has submitted that the aforesaid compromise has taken place on 26.02.2022 wherein no allegations have been levelled against the present applicant, which have been levelled in the impugned FIR. He has further submitted that the Division Bench of this Court has granted protection to the present applicant till completion of the investigation and filing of the charge sheet. Charge sheet has been filed against the present applicant under Sections 498-A, 323, 504, 506, 377 IPC and Section 3/4 of Dowry Prohibition Act. Learned counsel for the applicant has submitted that after nine days of marriage, the dispute arose between the applicant and his wife i.e. opposite party no.2 and false allegations have been levelled against the applicant and his family.

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Per contra , learned AGA has submitted that after completion of the investigation, charge sheet has been filed against the present applicant, therefore, the applicant may file his regular bail application or may challenge the charge sheet, if he is aggrieved from such charge sheet.

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Be that as it may, since the charge sheet has been filed against the present applicant, therefore, if he is aggrieved from the

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charge sheet, he may take appropriate legal recourse before the appropriate court of law or he may file his regular bail application before the learned trial court. After filing of the charge sheet, further anticipatory bail in the present case may not be granted.

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Accordingly, this anticipatory bail application is dismissed.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 3.1.2023 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sharad Sharma v. State of U.P. Thru. Prin.Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Sharad Sharma v. State of U.P. Thru. Prin.Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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