Petitioners who are the father-in-law and mother-in-law of
the deceased are sought to be prosecuted for the offences under
Sections 323, 498A, 304B, IPC read with section 3 & 4 of the Dowry
Prohibition Act. Before the charge sheet was filed, they were
granted anticipatory bail by this Court on 07.10.2020. In the said
order granting bail, this Court had observed that, after charge
sheet is filed, it is open for the petitioners to surrender and
apply for the Regular Bail before the Competent Court. After
filing the charge sheet, when application for grant of anticipatory
bail is filed, impugned order is passed based on the observation
made by this Court, in the earlier order.
Merely because it was kept open for the petitioners to
surrender and apply for Regular Bail after filing of the charge
sheet, the same does not preclude the petitioners to apply for
anticipatory bail under Section 438 Cr.P.C. after filing of the
charge sheet. It also cannot be said, that same is a second
application for grant of anticipatory bail as pleaded by learned
counsel appearing for respondents, on the same cause of action.
S U P R E M E C O U R T O F I N D I A
Special Leave to Appeal (Crl.) No. 6057/2021
VINOD KUMAR SHARMA Vs STATE OF UTTAR PRADESH
Date : 16-11-2021
CORAM :
HON'BLE MR. JUSTICE R. SUBHASH REDDY
HON'BLE MR. JUSTICE HRISHIKESH ROY
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Siddharth Dave, learned senior counsel appearing for
the petitioners and Mr. Vinod Diwakar, learned Additional Advocate
General for the State of Uttar Pradesh, Mr. Sudhir Naagar, learned
counsel for respondent No.2.
Petitioners who are the father-in-law and mother-in-law of
the deceased are sought to be prosecuted for the offences under
Sections 323, 498A, 304B, IPC read with section 3 & 4 of the Dowry
Prohibition Act. Before the charge sheet was filed, they were
granted anticipatory bail by this Court on 07.10.2020. In the said
order granting bail, this Court had observed that, after charge
sheet is filed, it is open for the petitioners to surrender and
apply for the Regular Bail before the Competent Court. After
filing the charge sheet, when application for grant of anticipatory
bail is filed, impugned order is passed based on the observation
made by this Court, in the earlier order.
Merely because it was kept open for the petitioners to
surrender and apply for Regular Bail after filing of the charge
sheet, the same does not preclude the petitioners to apply for
anticipatory bail under Section 438 Cr.P.C. after filing of the
charge sheet. It also cannot be said, that same is a second
application for grant of anticipatory bail as pleaded by learned
counsel appearing for respondents, on the same cause of action.
Further it is also brought to our notice that the husband of
the deceased was granted Regular Bail after he was arrested. This
Court while issuing notice also granted protection to the
petitioners from arrest.
For the aforesaid reasons, we are of the view that it is a fit
case for grant of anticipatory bail. The order impugned is set
aside.
The special leave petition is disposed of granting
anticipatory bail to the petitioners, subject to such conditions,
to be imposed by the Trial Court.
Pending application(s) shall also stand disposed of.
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