DINESH KUMAR SHARMA
Shobha – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been moved under Section 438 Cr. P.C. seeking grant of anticipatory bail in case FIR No. 764/2021 under Section 304B/34 IPC registered at PS Burari. The said FIR was lodged by Smt. Sevti, i.e. mother of the deceased on 12.09.2021.
2. Learned APP for the State submits that the charge sheet in the present case has already been filed against the husband and the father-in-law. Learned APP for the State submits that since the petitioner herein has not been arrested, the investigation against her is still continuing and the supplementary charge sheet shall be filed.
3. During the course of the hearing, learned APP for the State on the basis of the instructions received from the IO states that the only allegations against the petitioner herein has appeared in the statement of Vinod Kumar recorded on 12.09.2021. In his statement Vinod Kumar stated that the deceased had told him on the telephone that on 17.02.2021, her mother-in-law i.e. the petitioner herein had beaten her and told her that "we robbed you cheaply as we would like, what will you guys do."
4. The attention of this Court has also been invited to an earlier
The main legal point established is the careful exercise of discretion in granting anticipatory bail, emphasizing the principles of not misusing liberty and considering the consequences of arrest.
Anticipatory bail can be granted if there are no specific allegations against the applicant, ensuring the right to a fair trial and evidentiary support for accusations.
It does not lay down that the anticipatory bail has to be given, irrespective of the role attributable to an accused in the commission of the offence.
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the specific allegations and individual circumstances of the petitioners.
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
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