High Court
Case Details
Applicant :- Ankit Srivastava @ Ankit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Brijesh Kumar Yadav,Manoj Kumar Mishra,Nagarjun Pandey,Shesh Ram Verma Counsel for Opposite Party :- G.A.,Anil Kumar Tripathi Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 41 of 2023, under Sections 498-A, 323, 313, 406, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Ambedkar Nagar. From perusal of the order sheet, it appears that on 08.04.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State- respondent and Shri Anil Kumar Tripathi, learned counsel for the complainant. The instant application has been filed by the accused/applicant seeking anticipatory bail in Case Crime No. 41 of 2023, under Sections 498A,323,313,406,504,506 I.P.C & Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Ambedkar Nagar. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he not not committed any offence as alleged by the prosecution. The submission of the learned counsel for the applicant is that there is a matrimonial dispute between the applicant and the opposite party no.2. The applicant was married with the opposite party no.2 on 7.6.2022. Certain matrimonial discord arose and it was getting difficult for the applicant to reside with the opposite party no.2 as she was pressing upon the applicant to take her with him to Noida but the applicant could not take her for acute accommodation problem and there were complications on account of illness of the mother of the applicant. It is in the aforesaid backdrop that the opposite party no.2 filed a false FIR alleging demand for dowry as well as making allegations regarding the applicant and his family members for inducing abortion. Various fake allegations have been levelled against the entire family and as such, the applicant who has deep roots in the society, is facing impending threat at the behest of the opposite party no.2 who is bent upon getting the applicant arrested. It is further submitted that the applicant did not make any demand for dowry nor the allegations of physical violence against the complainant are correct and a deliberate attempt has been made to implicate not only the applicant but his entire family. It is further pointed out that the applicant had earlier preferred a writ petition No. 3039 of 2023 wherein the Division Bench of this Court by means of order dated 20.4.2023 had stayed the arrest of the applicant. Apart from the fact that an attempt was made to get the matter reconciled before the mediation centre of this Court but did not bear any fruits and in the aforesaid circumstances, the applicant seeks anticipatory bail. Shri Anil Kumar Tripathi, learned counsel for the complainant submits that the allegations as mentioned in the FIR and the statements recorded are quite categorical. It is urged that it is most unlikely that any person would lodge an FIR with such false particulars. It is also pointed out that the allegations are quite true inasmuch as the report of the doctor as well as the ultrasound indicates that the complainant had to undergo abortion on account of the ill treatment meted out to the complainant by the applicant and his family members. In the aforesaid circumstances, it is urged that the applicant is not entitled to anticipatory bail. Learned AGA has also made submissions on similar lines. Noticing the aforesaid submissions made by learned counsel for the respective parties and from perusal of the material on record, there is a matrimonial dispute between the parties. The charge-sheet has been filed. The applicant does not have any criminal history. The issue whether there is any demand for dowry or the applicant and his family members had physically harmed the complainant which led to the abortion are yet to be tested in trial. Considering the aforesaid facts, this Court is of the opinion that it would be appropriate that the matter be referred to the mediation centre of this Court for giving a chance to the parties to attempt reconciliation. In view of the aforesaid, the parties shall appear before the mediation centre of this Court on 29.4.2024 and the applicant is directed to deposit a sum of Rs. 20,000/- before 29.4.2024 with the mediation centre of this Court and the mediation centre shall attempt reconciliation and furnish their report by 23.05.2024. List this matter on 23.5.2024. In the meantime, it shall be open for the learned AGA and the complainant to file their response. As an interim protection, it is provided that till the next date of listing in the event of arrest of the applicant- Ankit Srivastava @ Ankit Kumar involved in the above- noted case crime, he shall be enlarged on interim anticipatory bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer, subject to the following conditions: (1) The applicant shall make themselves available for interrogation or for discovery of any fact by a police officer as and when required; (2) 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 them from disclosing such facts to the Court or to any police officer; (3) The applicant shall not leave the country without the previous permission of the Court." This Court has noticed the fact that the matter pertains to matrimonial dispute and the parties have settled the dispute before the Mediation & Conciliation Centre as settlement agreement dated 15.01.2025. From perusal of the order dated 08.04.2024, it also transpires that learned AGA has failed to demonstrate that there is any adversarial fact which is pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned AGA has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ankit Srivastava @ Ankit Kumar till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025 kkv/
Applicant :- Ankit Srivastava @ Ankit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Brijesh Kumar Yadav,Manoj Kumar Mishra,Nagarjun Pandey,Shesh Ram Verma Counsel for Opposite Party :- G.A.,Anil Kumar Tripathi Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 41 of 2023, under Sections 498-A, 323, 313, 406, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Ambedkar Nagar. From perusal of the order sheet, it appears that on 08.04.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State- respondent and Shri Anil Kumar Tripathi, learned counsel for the complainant. The instant application has been filed by the accused/applicant seeking anticipatory bail in Case Crime No. 41 of 2023, under Sections 498A,323,313,406,504,506 I.P.C & Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Ambedkar Nagar. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he not not committed any offence as alleged by the prosecution. The submission of the learned counsel for the applicant is that there is a matrimonial dispute between the applicant and the opposite party no.2. The applicant was married with the opposite party no.2 on 7.6.2022. Certain matrimonial discord arose and it was getting difficult for the applicant to reside with the opposite party no.2 as she was pressing upon the applicant to take her with him to Noida but the applicant could not take her for acute accommodation problem and there were complications on account of illness of the mother of the applicant. It is in the aforesaid backdrop that the opposite party no.2 filed a false FIR alleging demand for dowry as well as making allegations regarding the applicant and his family members for inducing abortion. Various fake allegations have been levelled against the entire family and as such, the applicant who has deep roots in the society, is facing impending threat at the behest of the opposite party no.2 who is bent upon getting the applicant arrested. It is further submitted that the applicant did not make any demand for dowry nor the allegations of physical violence against the complainant are correct and a deliberate attempt has been made to implicate not only the applicant but his entire family. It is further pointed out that the applicant had earlier preferred a writ petition No. 3039 of 2023 wherein the Division Bench of this Court by means of order dated 20.4.2023 had stayed the arrest of the applicant. Apart from the fact that an attempt was made to get the matter reconciled before the mediation centre of this Court but did not bear any fruits and in the aforesaid circumstances, the applicant seeks anticipatory bail. Shri Anil Kumar Tripathi, learned counsel for the complainant submits that the allegations as mentioned in the FIR and the statements recorded are quite categorical. It is urged that it is most unlikely that any person would lodge an FIR with such false particulars. It is also pointed out that the allegations are quite true inasmuch as the report of the doctor as well as the ultrasound indicates that the complainant had to undergo abortion on account of the ill treatment meted out to the complainant by the applicant and his family members. In the aforesaid circumstances, it is urged that the applicant is not entitled to anticipatory bail. Learned AGA has also made submissions on similar lines. Noticing the aforesaid submissions made by learned counsel for the respective parties and from perusal of the material on record, there is a matrimonial dispute between the parties. The charge-sheet has been filed. The applicant does not have any criminal history. The issue whether there is any demand for dowry or the applicant and his family members had physically harmed the complainant which led to the abortion are yet to be tested in trial. Considering the aforesaid facts, this Court is of the opinion that it would be appropriate that the matter be referred to the mediation centre of this Court for giving a chance to the parties to attempt reconciliation. In view of the aforesaid, the parties shall appear before the mediation centre of this Court on 29.4.2024 and the applicant is directed to deposit a sum of Rs. 20,000/- before 29.4.2024 with the mediation centre of this Court and the mediation centre shall attempt reconciliation and furnish their report by 23.05.2024. List this matter on 23.5.2024. In the meantime, it shall be open for the learned AGA and the complainant to file their response. As an interim protection, it is provided that till the next date of listing in the event of arrest of the applicant- Ankit Srivastava @ Ankit Kumar involved in the above- noted case crime, he shall be enlarged on interim anticipatory bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer, subject to the following conditions: (1) The applicant shall make themselves available for interrogation or for discovery of any fact by a police officer as and when required; (2) 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 them from disclosing such facts to the Court or to any police officer; (3) The applicant shall not leave the country without the previous permission of the Court." This Court has noticed the fact that the matter pertains to matrimonial dispute and the parties have settled the dispute before the Mediation & Conciliation Centre as settlement agreement dated 15.01.2025. From perusal of the order dated 08.04.2024, it also transpires that learned AGA has failed to demonstrate that there is any adversarial fact which is pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned AGA has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ankit Srivastava @ Ankit Kumar till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025 kkv/