Back
G. S. AHLUWALIA
SURESH KUMAR S/o GOLAIYA KUSHWAH – Appellant
Versus
RAJENDRA S/o PURAN SINGH KUSHWAH – Respondent
ORDER : – This application under section 439(2) of CRIMINAL PROCEDURE CODE has been filed for cancellation of anticipatory bail to the respondent No. 1 granted by the Sessions Court by order dated 29-4-2022 passed in Bail Application No. 1129/2022.
2. It is submitted by the counsel for the applicant that respondent No. 1 is the father-in-law of the deceased, whereas the applicant is the father of the deceased. The deceased was married to Nitendra Kushwah on 6-12-2020 and she died under suspicious circumstances by hanging on 7-3-2022, i.e., within 1 year and 4 months of her marriage. There are specific allegations against respondent No. 1 that he was harassing and treating the deceased with cruelty for demand of Rs. 3,00,000/-. It is submitted by the counsel for the applicant that this Court had granted anticipatory bail to Jethani of the deceased for the reasons that there was no reason for Jethani to demand of Rs. 3,00,000/- thereby instigating her in-laws to give similar treatment to her also. It is submitted that while granting anticipatory bail to Smt. Varsha Singh in M.Cr.C. No. 17854/2022, this Court in its order dated 18-4-2022 had specifically referred to the allegations
Advocates appeared :For the Appellant : Amit Lahoti For the Respondent : D. R. Sharma, V. D. Sharma, A. K. Nirankari
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
The court established that non-recovery of dowry articles is not a valid ground for cancelling anticipatory bail, emphasizing the need for evidence of misuse of bail.
Successive anticipatory bail applications should demonstrate substantial changes in circumstances; principle of parity does not justify granting bail if relevant roles differ and prior application wa....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
