Allowed

Geeta Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC5 Jul 2024/2163/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by Geeta Singh in a case involving dowry-related allegations and rape charges. The court noted her lack of prior criminal history and the nature of allegations against her son, finding grounds to grant bail with sureties and standard conditions.

What did the court decide?

Anticipatory bail granted with personal bond and two solvent sureties, subject to standard conditions including availability for interrogation and appearance before the trial court.

Geeta Singh Vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:45965

¶2

Court No. - 32

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2163 of 2022

¶4

Applicant :- Geeta Singh

¶5

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Atma Ram Mishra,Kunwar Sushant Prakash,Samanvya Dhar Dwivedi Counsel for Opposite Party :- G.A.,Richa Srivastava,Shikha Srivastava,Suneel Kumar Singh Kalhans

¶6

Hon'ble Subhash Vidyarthi,J.

¶7

Heard Sri Kunwar Sushant Prakash, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶8

The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. No. 321 of 2022, under Sections 376 (2) (n) & 506 I.P.C. and Section 4 of Dowry Prohibition Act, 1961 registered at Police Station-Paraspur, District-Gonda.

¶9

The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.11.2022 against the applicant, her husband and her son stating that under allurement of marrying the informant, the applicant's son-co-accused-Ankit Singh has repetitively made physical relations for the past three years but when the informant pressurize him to marry her, the applicant and her husband got a variksha ceremony performed on 24.05.2022 and fixed 26.01.2023 for their marriage but later on, they declined to get their son married to the informant.

¶10

In the affidavit filed in support of the anticipatory bailapplication, it has been contended that the applicant is innocent

¶11

women having no criminal history.

¶12

After investigation, the State has filed a counter affidavit opposing the anticipatory bail application and it has been stated therein that the investigation of the matter has been completed and a charge-sheet has already been submitted. The charge-sheet alleges commission of an offence under Section 4 Dowry Prohibition Act, 1961 against the applicant and her husband.

¶13

The applicant's son-co-accused-Ankit Singh has been charged with a commission of offence under Sections 376, 506 I.P.C. and Section 4 of the D. P. Act, 1961 and he has been granted interim anticipatory bail by means of an order dated 27.02.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 No. 491 of 2023, which has been made an absolute by means of an order dated 19.07.2023.

¶14

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶15

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations leveled in the F.I.R. is against the applicant's son that he made physical relations with the informant repetitively for a period of three years, which prima facie indicates that the informant was in a relationship with the applicant's son; the F.I.R. itself states that the applicant and her husband had settled the marriage of their son with the informant, which could not be solemnized for some reason and that the applicant son, who is charged with commission of offence of rape has been granted anticipatory bail and that the applicant is a women having no criminal history to be charged with commission of offence under Section 4 of the Dowry Prohibition Act, 1961, I am of the view that the aforesaid facts are

¶16

sufficient for making out a case for granting anticipatory bail to the applicant.

¶17

In view of the above, the anticipatory bail application of the applicant is allowed .

¶18

In the event of arrest/ appearance of applicant- Geeta Singh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

¶19

(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

¶20

(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;

¶21

(iii) hat the applicant shall not leave India without the previous permission of the court'

¶22

(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

¶23

(v). that the applicant shall not pressurize/ intimidate the prosecution witness.

¶24

[Subhash Vidyarthi,J.]

¶25

Order Date :- 5.7.2024/Ruhi H.

¶26

Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad, Lucknow Bench

Geeta Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Geeta Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rangesh Kumar vs State of Up and 2 Others

Ajay Kumar vs State of Up and 4 Others

Sangam Dwivedi and 4 Others vs State of Up and Another

Bina Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Anil Kumar Singh vs State of U.P. Thru. Prin. Secy. Home Lko.

Rajeev vs State of Up and 4 Others