Priyanka Yadav v. State of U.P. and Another
Case brief
What is this about?
This single judge order rejected a criminal miscellaneous anticipatory bail application. The court held that the applicant, who had been declared a proclaimed offender for failing to cooperate with investigation procedures under Cr.P.C. sections 82 and 83, was not entitled to bail. Applying Prem Shankar Prasad and other precedents, the court deemed non-cooperation as a ground to deny relief.
What did the court decide?
Anticipatory bail prayer is refused. The application is rejected.
What the court decided
1
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2685 of 2023
Applicant :- Priyanka Yadav
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kishor Mishra
Counsel for Opposite Party :- G.A.,Alok Singh Yadav,Prem Prakash Yadav
Hon'ble Nalin Kumar Srivastava,J.
1. This application has been moved on behalf of the applicant Priyanka Yadav seeking anticipatory bail in Case Crime No.575 of 2022, under Sections 498A, 306 IPC and 3/4 D.P. Act, Police Station Jeeyanpur, District Azamgarh.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. A perusal of the FIR reveals that the present accused applicant is sister-in-law "devrani" of the deceased and it is alleged that all the in-laws of the deceased including the present one were harassing the deceased and she was subjected to cruelty by them for additional dowry and ultimately on 14.02.2022 they committed murder of the daughter of the informant. The present accused applicant was also implicated in the matter, however, after investigation charge sheet was filed against the present accused applicant under Section 498A, 306 I.P.C. and 3/4 D.P. Act. In the autopsy report of the deceased cause of death was found asphyxia as a result of anti mortem hanging.
Issues for consideration
3 issues framed by the court
Whether an accused declared a proclaimed offender under Sections 82/83 Cr.P.C. for non-cooperation with investigation is entitled to anticipatory bail under Section 438 Cr.P.C.
Whether the High Court can grant anticipatory bail to an accused who has been declared a proclaimed offender despite the mandate in Prem Shankar Prasad case.
Whether anticipation of arrest based on non-cooperation alone justifies rejection of anticipatory bail.
Parties & counsel
- applicant
Priyanka Yadav
- respondent
State of U.P.
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- ABAIL/2685/2023
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