Dismissed¶12

Bhart Singh v. State of Up and Another

Allahabad HC10 Dec 2024NABAIL/9985/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected; Section 482 BNSS; Sections 85, 80, 238 BNS; Sections 3/4 Dowry Prohibition Act; Case Crime No. 390 of 2024; PS Katghar, District Moradabad; FIR delay 05.07.2024 to 25.07.2024; confessional statement of deceased's husband; Swift Dzire car demand; CCTV footage; Ashutosh Srivastava J.; 11.12.2024; 2024:AHC:194199.

What did the court decide?

Considering the facts and circumstances, the confessional statement of the husband of the deceased and the heinousness of the offence, there is no ground to grant anticipatory bail to the applicant. ¶11

Bhart Singh Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:194199

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9985 of 2024

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Applicant :- Bhart Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Mukesh Joshi learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A., on behalf of the State respondents.

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This Anticipatory Bail Application under Section 482 of Bhartiya Nagrik Suraksah Sanhita, 2023, has been moved on behalf of accused-applicant, Bharat Singh, seeking Anticipatory Bail in Case Crime No. 390 of 2024, under Sections 85, 80, 238 B.N.S. and 3/4 of Dowry Prohibition Act, Police Station-Katghar, DistrictMoradabad, during the pendency of trial.

¶8

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number. According to the First Information Report the incident was took place on 05.07.2024 and the First Information Report has been lodged on 25.07.2024, after a delay of 20 days without any plausible explanation for the delay. First Information Report has been lodged with general allegations against all the family members of the applicant and no specific role has been assigned to the applicant. In the alleged confessional statement of Heera, husband of the deceased, neither he has taken name of the applicant nor has assigned any role to the applicant. The applicant has no criminal history and has been unnecessarily roped in. There is reasonable apprehension and reason to believe that he shall be arrested in Case Crime No. 390 of 2024, under Sections 85, 80, 238 B.N.S. and 3/4 of Dowry Prohibition Act, Police StationKatghar, District-Moradabad. Hence Anticipatory Bail has been prayed for.

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Learned A.G.A. has vehemently opposed the Anticipatory Bail Application by submitting that the applicant is father in law of the deceased. The applicant is named in the First Information Report.

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The Informant in the First Information Report, itself has specifically taken the name of the applicant for demanding the Swift Dzire Car. There is C.C.T.V. footage in which two persons were seen to carry one bag on the Scooty. Offence as alleged is heinous in nature, hence, the Anticipatory Bail Application filed at the instance of applicant is liable to be rejected.

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Considering the aforesaid facts, circumstances, Confessional statement of the husband of the deceased, and heinousness of offence, there appears to be no ground to grant anticipatory bail to the applicant.

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Accordingly, this Anticipatory Bail Application stands rejected .

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Order Date :- 11.12.2024 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Bhart Singh v. State of Up and Another

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Bhart Singh v. State of Up and Another

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