Uttarakhand High Court
Renu And Others. ... vs State Of Uttarakhand on 25 September, 2023
IN THE HIGH COURT OF
UTTARAKHAND
AT NAINITAL
SRI JUSTICE RAKESH THAPLIYAL, J.
SEPTEMBER 25, 2023
Anticipatory Bail Application No. 862 OF 2023
Renu and Others. .........Applicants.
Versus
State of Uttarakhand. .......Respondent.
Counsel for the applicant: Mr. Tapan Singh, learned
counsels for the applicants.
Counsel for the respondents: Mr. Vipul Painuly, learned Brief
Holder for the State.
Upon hearing the learned Counsel, the Court made the following
Order: (per Sri Rakesh Thapliyal, J.)
1. This is an application under Section 438 of the Code of
Criminal Procedure seeking anticipatory bail in respect of
Criminal Case No. 3016 of 2021 (FIR No.06 of 2021), "State of
Uttarakhand Vs. Sharad Kumar Srivastava and Others" for
the offences cognizable under Sections 498A and 506 of IPC
read with Section 3/4 of Dowry Prohibition Act, 1961,
registered at P.S. - Transit Camp, District - Udham Singh
Nagar, pending in the Court of Additional Chief Judicial
Magistrate/Additional Civil Judge (Senior Division),
Rudrapur, Udham Singh Nagar.
2. The facts of the case are that the applicant no.1 is the
mother in law and applicant no.2 is the father in law of the
complainant. As far as the applicant no.3 is concerned, he is
the husband of the complainant-Shreyanshi Verma.
3. Learned counsel for the applicants submits that the
applicant no.3 married with the complainant on 08.06.2011.
A female child was born out of the wedlock on 28.09.2013.
Thereafter, a First Information Report was lodged on
03.01.2021 in respect of the offences cognizable under
Sections 498A, 506 of IPC read with Section 3/4 of the Dowry
Prohibition Act, 1961, which was challenged in Criminal
Writ Petition No.607 of 2021, and all three applicants were
granted interim protection on 27.05.2021 by the Co-ordinate
Bench of this Court. Charge-sheet was filed on 18.03.2021
and the cognizance was taken on 05.07.2021. After filing of
the charge-sheet, a C482 Application No.1347 of 2021 was
preferred before this Court, wherein the Summoning order
was kept in abeyance vide order dated 29.09.2021. However,
the C-482 Application was dismissed by this Court vide
judgment and order dated 13.07.2023, against which, all the
applicants approached to the Hon'ble Supreme Court and
the Hon'ble Supreme Court issued notices by order dated
15.09.2023.
4. Learned counsel for the applicants also submits that a
divorce petition was filed by the complainant, which is still
pending, and, thereafter, a simultaneous proceeding was also
initiated under Section 125 of Cr.P.C., against which, two C-
482 petitions were preferred, i.e. C482 No.768 of 2021
(pertains to proceedings u/s 12 of Domestic Violence Act)
and C-482 No. 786 of 2021 (pertains to proceedings under
Section 125 Cr.P.C.), which were dismissed by this Court on
13.07.2023. Against the dismissal of both the C-482
applications, the applicants approached to the Hon'ble
Supreme Court, in which also notices have been issued.
5. Learned counsel for the applicants further submits that
though the C482 applications have been dismissed against
the cognizance order, however, the SLPs are pending before
the Hon'ble Supreme Court. There is an apprehension of
arrest.
6. Apart from this, it is submitted that the applicant nos.1
& 2 are Senior Citizen and so far as the applicant no.3 is
concerned, he is the husband of the complainant and it
appears from the FIR, the charge-sheet and the averments, as
made in this application, it reveals prima-facie appears to be a
matrimonial dispute.
7. All these aspects are required to be considered after
inviting Counter-affidavit from the State.
8. The State Counsel is granted two weeks' time to file
counter-affidavit.
9. List on 16.10.2023.
10. In the meantime, having considered the submissions of
the learned counsel for the parties and without expressing
any opinion on the merit of this case, this Court directs that
in the event of arrest of the present applicants, they shall be
released on interim anticipatory bail on furnishing a personal
bond by each of them to the satisfaction of the arresting
officer subject to the following conditions:
(i) The applicants, shall not approach, in any
manner, whatsoever, the victims or any other
witnesses in the case.
(ii) They shall cooperate with the trial. They shall not
leave the country without permission of the
concerned court.
(iii) If the applicants will not cooperate with the trial,
the State Counsel is free to move an application
for cancelling of this interim anticipatory bail.
(iv) They shall deposit the passport, if any, with the
concerned Court within a week. The passport
may only be returned by the order of the Court
concerned. In case the applicants do not have the
passports, they shall give an undertaking in
respect of the aforesaid conditions before the
concerned Court.
__________________
RAKESH THAPLIYAL, J.
Reena Bisht
