Allowed

Smt. Asha Pthak v. State of U.P. and Another

Allahabad HC5 Jan 2023ABAIL/884/2021

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant, Smt. Asha Pathak, during the pendency of trial for charges under Sections 498-A and 504 IPC and Sections 3/4 D.P. Act. The court noted she was not named in the FIR despite lodging it, with no injuries reported, and had cooperated during investigation.

What did the court decide?

Released on anticipatory bail during pendency of trial by furnishing a personal bond with two sureties in like amount.

Smt. Asha Pthak Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 884 of 2021 Applicant :- Smt. Asha Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chhaya Gupta,Sujeet Kumar 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 and learned AGA for the State.

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The present anticipatory bail application (under Section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0495 of 2020, under Section 498- A, 504 I.P.C. & Section 3/4 D.P. Act, Police Station Sarnath, District Varanasi, during the pendency of trial.

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Facts in brief are that there is allegation of demand of dowry and harassment against this applicant with other co-accused persons named in the F.I.R. It is submitted that the applicant was not named in the F.I.R. but during investigation she was brought into the light as being mother of the husband of the informant herself. No any allegation was made against her in the F.I.R., though it was lodged by the informant herself. It is further submitted that no any injury was found on the person of the informant caused by this applicant as per allegation made in the F.I.R., which was lodged after nine months of the alleged incident. It is also submitted that this applicant was already granted interim anticipatory bail by order dated 19.01.2021 by this Court, which is still in operation and the applicant made cooperation during the investigation. Now, the charge sheet has been submitted and she is ready to cooperate with the trial. Therefore, requested to continue her anticipatory bail.

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Learned AGA opposed the prayer as aforesaid.

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Considering the facts and circumstances of the case, submission made by learned counsel for the applicant as well as learned AGA and the fact that the applicant was not named in the F.I.R. though it was lodged by the informant herself. There is nothing on record to show that the applicant made noncooperation during investigation. Therefore, a case for anticipatory bail is made out.

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Let the applicant- Smt. Asha Pathak shall be released on anticipatory bail during pendency of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 5.1.2023/Suraj Srivastav

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

Smt. Asha Pthak v. State of U.P. and Another

Case brief

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Smt. Asha Pthak v. State of U.P. and Another

Case brief

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What the court decided

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