Shyamu Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 884 of 2022 Applicant :- Shyamu Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.,Hom Narayan Awasthi,Ravi Kant Shukla,Siddharth Tripathi Hon'ble Subhash Vidyarthi,J.

¶1Heard the learned counsel for the applicant, Sri Anurag Verma the learned A.G.A-I.for the State, Sri Hom Narayan Awasthi, learned counsel for complainant and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0119 of 2022, under Sections 147, 376, 504, 506 I.P.C., registered at Police Station Rupaideeha, District Bahraich.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 21.04.2022 against the applicant, his father, mother and elder brother, alleging that the informant had performed court marriage with the applicant on 07.04.2022 because she loved him since the year 2013. After marriage, accused persons started harassing the informant for demanding dowry and they turned her out of her matrimonial home on 21.04.2022.

¶4In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has falsely been implicated in the present case and he has no criminal history. It has further been stated in the affidavit that the applicant's father had evicted him from his house and has issued a declaration that the applicant will have no concern with his properties.

¶5The applicant was granted interim anticipatory bail by means of the order dated 10.06.2022. The matter was referred to the Mediation and Conciliation Center of this Court by means of the order dated 11.08.2022 but it could not result into any settlement.

¶6Learned counsel for the informant has filed counter affidavit opposing the bail application and copies of material collected during investigation and copy of charge sheet dated 26.06.2022 has been annexed with the counter affidavit.

¶7The State has not filed any counter affidavit.

¶8From the averments made in the counter affidavit filed by the informant, it appears that there is a matrimonial dispute between the parties.

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no allegation of misuse of the conditions of interim anticipatory bail granted to the applicant by means of the order dated 10.06.2022, this Court is of the view that aforesaid interim order deserves to be made absolute and the application deserves to be allowed.

¶10Accordingly, the application is allowed in terms of the interim order dated 10.06.2022. Order Date :- 20.11.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench