Decided on October 07,2020

Siddharth Udaiveer Appellant


- (1.)Leave granted.
(2.)By an order dtd. 13/2/2020, a learned Single Judge of the High Court of Judicature at Allahabad rejected the application1 for anticipatory bail moved by the appellants under Sec. 438 of the Code of Criminal Procedure 1973.
(3.)The first appellant is the brother-in-law, while the second appellant is the brother of Shivam, who is alleged to have committed suicide on 25/9/2019. The following circumstances have been highlighted in support of the application for anticipatory bail:
(i) On 23/8/2019, Shivam married the alleged victim, who is a major, at an Arya Samaj Mandir. The marriage was registered before the Registrar of Marriages at Lucknow on 24/8/2019. A copy of the registration certificate is Annexure P-1 to the paper book;

1 Application No 1495/2020

(ii) Shivam belonged to the Dalit community while the spouse was from a different caste;

(iii) On 24/8/2019, a First Information Report was registered as Case Crime No 1022/2019 by the uncle of the alleged victim, implicating almost the entire family of Shivam of offences under Ss. 363, 366 and 506 of the Indian Penal Code;

(iv) On 25/9/2019, a joint petition2 was filed under Article 226 of the Constitution by Shivam and the members of the family for quashing the FIR;

(v) The Allahabad High Court in its order dtd. 25/9/2019, noted that in pursuance of its directions, the victim had appeared in-person and "expressed her willingness" to go with her parents. The writ petition was dismissed on that ground without prejudice to the right of the petitioners before the High Court to apply for anticipatory bail;

(vi) Soon thereafter on 26/9/2019, Shivam committed suicide, which led to the registration of an FIR, being Case Crime No 0243/2019, at Police Station, Shahganj, Prayagraj;

(vii) On 9/10/2019, the statement of the victim was recorded under Sec. 164 of the Code of Criminal Procedure, 1973 in which, inter alia, she has made allegations against Shivam and the appellants to these proceedings;

(viii) The application for anticipatory bail was rejected by the Sessions Court, Jalaun on 4/12/2019 and by the High Court by the impugned order dtd. 13/2/2020; and

(ix) The High Court has granted anticipatory bail to the sister of the deceased on 14/1/2020 and to two other members of the family, both of whom are women, on 27/1/2020.

2CMWP No 21323/2019 [Smt Renu Yadav and Others vs State of UP and Others]


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