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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Abhay Pratap Singh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Anchal Tewari, who has filed his vakalatnama, on behalf of the applicant and Sri Rajiv Kumar Verma, learned AGA for the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 484 of 2023, under Sections 376, 406, 504, 506 IPC and Section 3/4 Dowry Prohibition Act , Police Station Gomti Nagar, District Lucknow.
3. The aforesaid case has been registered on the basis of an FIR lodged on 10.08.2023 against the applicant and his family members, stating that marriage of the informant was got settled with the applicant on 09.03.2023. The engagement ceremony was performed on 12.05.2023. On 14.05.2023, the applicant made a phone call to the informant's elder brother and objected about the gifts given at the time of engagement ceremony. Thereafter, on 24.06.2023, the applicant's father informed that the applicant did not want to marry the informant. On 25.06.2023, the informant's brother returned all the articles given to her but he again talked to the accused persons regarding the marriage on 26.06.2023 requesting for marriage of the informant with the appl
Anticipatory bail granted due to lack of prima facie evidence and the applicant's clean record, despite evolving allegations of dowry demands and sexual offenses.
The legal principle established is that consent must involve active and reasoned deliberation, and false promises of marriage must be given in bad faith with no intention of being adhered to at the t....
Maturity of the complainant and compliance with interim bail conditions are crucial factors in granting anticipatory bail.
Grant of anticipatory bail based on the factual matrix, conduct of the parties, and lack of threat perception from the prosecutrix.
Anticipatory bail can be granted in cases of serious allegations if the court finds that the circumstances, including the nature of the relationship and the potential for cooperation with the investi....
Anticipatory bail can be granted despite serious allegations if investigation is complete and there is no indication of misuse of prior protection granted by the court.
Grant of anticipatory bail based on the absence of criminal antecedents, the applicant's background, and the undertaking to not pressurize the prosecutrix or witnesses.
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