The Single Judge Bench of the Allahabad High Court, Lucknow Bench comprising Justice Karunesh Singh Pawar in the case of Ajay Shrivastava And Another Versus The State of UP has ordered to release the applicant on anticipatory bail in view of Supreme Court reportable judgment.
Facts of the Case
The applicants are father-in-law and mother-in-law of the complainant. A complaint was registered against the applicants under sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act.
Therefore, the applicant has preferred bail application before the High Court.
Submission of the Applicant
The counsel appearing on the behalf of the Applicants submitted that the Respondent in retaliation to the first information report registered against the complainant at police station Shahpura, district Bhopal, has initiated the present criminal proceedings by lodging the first information report.
The Counsel further contended that the complainant had resided with her husband only for a period of six days. General and sweeping allegations have been levelled against the applicants. The applicants have cooperated in the investigation. Charge sheet has been filed. He undertakes that the applicants shall cooperate in the trial.
Reasoning and Decision of the Court
The Court perused the facts of the case and observed that the applicants have cooperated in the investigation and the undertaking given on behalf of the applicants that they shall cooperate in the trial.
Considering the nature of accusation and gravity of offence, the Court expounded that “I am of the opinion that the applicants are entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the trial.”
The court also directed the applicants to surrender before trial court if they are summoned to face trial for offence in question after filing of the charge sheet. The accused applicants shall be released on bail by the trial court on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court. The Court also imposed certain conditions on the applicants while granting the anticipatory bail.
Therefore, the Court granted the Anticipatory bail application made it clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
Case Details
Case:- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 117 of 2023
Petitioner:- Ajay Shrivastava And Another
Respondent:- State Of U.P.
Counsel for the Petitioner – Mr. Neeraj Kumar Saxena
Counsel for the Respondent – Government Advocate
Judge: Justice Karunesh Singh Pawar
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