Allowed

Amit Sharma v. State of U.P.and Another

Allahabad HC18 Jan 2023ABAIL/5338/2022

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a matrimonial dispute involving sections 498A and 377 IPC. The order was based on the mediation report indicating an amicable settlement where both parties agreed to live together.

What did the court decide?

Granted anticipatory bail on personal bond with two sureties subject to conditions including appearing in court, not inducing witnesses, and not leaving India without permission.

Amit Sharma Vs State of U.P.and Another — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5338 of 2022

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Applicant :- Amit Sharma

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Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 311/2022, under sections- 498A, 323, 504, 506, 377 I.P.C., and Section 3/4 Dowry Prohibition Act Police Station- Hapur Nagar, DistrictHapur.

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Facts in brief are that the applicant is husband of the informant. There was matrimonial dispute between husband and wife regarding which an F.I.R. was lodged by the informant wife of the applicant against him and other members of his family.

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It is submitted by learned counsel for the applicant that the matter was referred to mediation centre. Both the parties participated in the proceedings and agreed to live together as husband and wife. The mediation report is on record. After conclusion of investigation the charge sheet has been submitted by the Police and now process is to be issued by the learned Court. Lastly, it is submitted that the applicant is under apprehension of imminent arrest, therefore, requested for anticipatory bail. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

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Learned A.G.A. opposed the prayer as aforesaid but acceded the fact that the matter has been settled in mediation between the parties.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned AGA for the State, perusal of record, and the report as submitted by the mediation centre, it appears that the matter has been settled between both the parties amicably and both of them have agreed to live together as husband and wife,

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therefore, applicant is entitled for release on anticipatory bail during the pendency of trial.

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In the event of arrest of the applicant- Amit Sharma, shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/ court concerned with the following conditions:-

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(i) The applicant shall appear before the learned court everyday when case is fixed except exempted;

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(ii) 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 from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

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In default of any of the conditions, this order will automatically stand vacated.

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Order Date :- 18.1.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Amit Sharma v. State of U.P.and Another

Case brief

What is this about?

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Amit Sharma v. State of U.P.and Another

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