, the Court examined the allegations of dowry harassment, assault, and injury in a matrimonial dispute. Considering the serious nature of the charges and lack of material indicating ulterior motives, the application for antecedent bail under Section 438 Cr.P.C. was rejected.
The anticipatory bail application was rejected.
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Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13303 of 2022
Applicant :- Ankush Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amarendra Mani Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
05.The anticipatory bail application is opposed by the learned A.G.A. bringing to the notice of this Court that in this case the first informant suffered serious kind of injury on his head and was advised MRI and also suffered fracture of L-3 vertebral body. It is argued that there is direct allegation against the present applicant and in case of such nature, the applicant is not entitled for relief.
Order Date :- 20.2.2023
Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to antecedent bail in cases of alleged dowry harassment and assault.
Whether material on record indicates lodging of FIR for ulterior motives warranting relief.
2 provisions across 2 enactments
Ankush
State Of U.P.
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
