A division of the Apex Court set aside a weird condition in an Anticipatory Bail petition in a Sec 498A IPC case.
From Para 5,
Kunal Choudhary Vs State of Jharkhand and Anr on 05 Dec 20235. The High Court vide the impugned order has dismissed the Cr.M.P. No.2419 of 2021 filed by the appellant observing that in view of the adamant attitude of the appellant in not resuming the conjugal life with the opposite party No.2 in the house of the appellant, where the opposite party No.2 was staying, his petition could not be considered. In our opinion, neither such condition should have been imposed by the High Court while granting an anticipatory bail, nor such could be a ground for rejection of the petition filed by the appellant.
Kunal Choudhary Vs State of Jharkhand and Anr on 17 Jun 2022Modification on the following order was dismissed.
Anticipatory Bail was granted with this condition…
Kunal Choudhary Vs State of Jharkhand and Anr on 10 Aug 2021Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on satisfying the trial court that the petitioner has taken the opposite party no.2 to his house at Pandra locality of Ranchi and keeping and maintaining her with full dignity and honour as his lawful wife and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Ranchi in connection with Complain Case No. 3004 of 2018 with the condition that he will co-operate with the trial of the case with condition that he will take the opposite party no.2 to his house at Pandra in the locality of Ranchi and keeping and maintaining her with full dignity and honour as his lawful wife and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Index of Anticipatory Bail Judgments is here.
