The Criminal Misc. Court granted anticipatory bail to the applicant, Komal @ Gomal, in a case alleging abetting marriage of a minor, by considering the nature of accusation and victim’s statement.
Anticipatory bail granted on personal bond of Rs. 1,00,000 + single surety of same amount with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12381 of 2022
Applicant :- Komal @ Gomal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
(i) that the applicant shall make herself available for interrogation by a police officer as and when required;
(ii) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii) that the applicant shall not leave India without previous permission of the court;
(iv) that the applicant shall not tamper with the evidence during the trial;
(v) that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted.
Order Date :- 11.1.2023 Saif
Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail is maintainable on a personal bond for the alleged abetting of marriage of a minor.
Whether the circumstances of the case satisfy the conditions laid down in Siddharam Satlingappa Mhetre for granting bail.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraRelied on¶10
Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 · Who else cites this
1 provisions across 1 enactments
Komal @ Gomal
State of U.P.
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
