Allahabad High Court
Mohd. Faizan And 4 Others vs State Of U.P. And Another on 19 January, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 876 of 2021
Applicant :- Mohd. Faizan And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd. Farooq,Atul Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
There is allegation against the applicant no. 1,Mohd. Faizan,regarding offence under Section 3/4 Muslim Woman Protection of Rights on Marriage Act, 2019. Regarding other applicants it is submitted that the offence alleged is not made out. There is general allegation of demand of dowry and consequent harassment and other members.
In view of the judgment of the Apex Court in the case of Rahana Jalal vs. State of Kerala and Another, dated 17.12.2020 passed in Criminal Appeal No. 883 of 2020anticipatory bail can be granted to an accused husband only after hearing his wife and considering the existence of reasonable grounds.
In view of the above issue notice to opposite party no. 2.
In the meantime, in case of arrest, the applicant nos. 2, 3, 4 and 5,MashooqAli, Haseen Fatma, Sogra Naz and Mohd. Dawar, are directed to be enlarged on interim anticipatory bail in Case Crime No. 897 of 2020, under Sections- 498-A, 323, 504, 313 I.P.Cand Section 3/4 Dowry Prohibition Act and Section 3/4 ofMuslim Woman Protection of Rights on Marriage Act, 2019, Police Station- Kareilly, District- Allahabad (Prayagraj), on their furnishing personal bonds of Rs. 50,000/- each and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required, if investigation is in progress;
(ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave the country without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad before the Court/Authority/Official concerned; and
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.P/S.S.P concerned by the applicants, if the investigation is still in progress, who shall ensure compliance of this order after due verification from official website of this court.
Order Date :- 19.1.2021
Rohit
