Allowed

Chhavi Kumar Sharma v. State of U.P. and Another

Allahabad HC22 Oct 2024ABAIL/9851/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 CrPC regarding matrimonial offences, the court allowed bail without expressing opinion on merits, citing prior stay of arrest and lack of need for custodial interrogation after charge-sheet.

What did the court decide?

Anticipatory bail allowed on personal bond and two sureties with conditions including availability for interrogation and non-fabrication of evidence.

Chhavi Kumar Sharma vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:168936

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9851 of 2024

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Applicant :- Chhavi Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Pushpendra Singh, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State.

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The instant anticipatory bail application has been filed seeking release of the applicant on bail in Case Crime No.0375 of 2023, under Sections 498-A, 323, 307, 504, 506 IPC & 3/4 D.P. Act, Police Station Tappal, District Aligarh, during pendency of the trial.

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Learned counsel for the applicant submits that however this is the second anticipatory bail application filed on behalf of the applicant but first anticipatory bail application of the applicant was not decided on merit and it was dismissed as withdrawn.

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He further submits that as far as merit of the present case is concerned applicant is the husband of the informant and it appears that some matrimonial dispute arose between husband and wife and thereafter wife lodged FIR of the present case against him.

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He further submits that applicant challenged the FIR of the present case before this Court in Criminal Misc. Writ Petition No.15875 of 2023 and Division Bench of this Court vide order dated 10.10.2023 stayed the arrest of the applicant till submission of the Police Report under Section 173(2) Cr.P.C. and order passed by Division Bench of this Court has been annexed as Annexure No.11 to the affidavit.

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He further submits that during investigation applicant was not arrested pursuant to the order dated 10.10.2023 passed by Division Bench of this Court but now charge-sheet has been filed and applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail. He next submits that as

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during investigation arrest of the applicant was stayed, therefore, there is no occasion to sent the applicant in jail.

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He further submits that as investigation of the case has already been concluded, therefore, there is no need of any custodial interrogation. He next submits that applicant is not having any previous criminal history

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Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, applicant is husband of the informant but it reflects that Division Bench of this Court stayed his arrest till submission of the charge-sheet and pursuant to the order passed by Division Bench of this Court applicant was not arrested during investigation and now charge-sheet has been filed. As during investigation arrest of the applicant was stayed and there is no allegation that he did not cooperate with the investigation and after submission of the charge-sheet, it appears that there is no need of his custodial interrogation, therefore, in my view, applicant is entitled to be released on anticipatory bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant - Chhavi Kumar Sharma involved in the aforesaid case crime number, he shall be released on bail till the conclusion of the trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the following conditions:-

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

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(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.

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(iii) that the applicant shall not leave India without previous permission of the court;

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(iv) that the applicant shall not temper with the evidence during the trial;

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

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

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 22.10.2024 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Chhavi Kumar Sharma v. State of U.P. and Another

Case brief

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Chhavi Kumar Sharma v. State of U.P. and Another

Case brief

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What did the court decide?

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