Allahabad High Court
Jahanoor Khan And 2 Others vs State Of U.P. And Another on 12 March, 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. - 3954 of 2021
Applicant :- Jahanoor Khan And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Raja Ullah Khan
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicants,Jahanoor Khan, Jeeshan Fatima and Shahnoor Khan, with a prayer to release him on bail in Case Crime No. 489 of 2020, under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Ram Chandra Mission, District- Shahjahanpur, during pendency of trial.
There is allegation against the applicant regarding offence under Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019.
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 2020, anticipatory bail can be granted to an accused husband only after hearing his wife and considering the existence of reasonable grounds.
Learned counsel for the applicants has submitted that during the period of service of notice, the applicant no. 1 will be arrested and this application will become infructuous. He has prayed that the applicant may be granted some time to obtain bail from the court below.
In view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed that the applicant no. 1, Jahanoor Khan, will appear and surrender before the court below within 30 days from today and apply for bail.
Till then, no coercive action shall be taken against the applicant no. 1, Jahanoor Khan .
However, in case, the applicant no. 1 does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant no. 1 will not be granted any further time by this court for surrendering before the court below as directed above.
Learned counsel for the applicants submitted that theapplicant nos. 2 and 3,Jeeshan FatimaandShahnoor Khan,are mother-in-law and devar of the opposite party no. 2. Their implication appears to be on account of matrimonial dispute of applicant no. 1 and his wife. The marriage of the applicant no. 1 with the informant opposite party no. 2 took place on 29.05.2004. The demand of dowry and consequent harassment after such a long time is not justified. Counsel for the applicant has submitted that on account of dispute between the husband and wife, the applicant nos. 2 and 3 have been implicated in this case.
Regarding applicant nos. 2 and 3, namely,Jeeshan FatimaandShahnoor Khan,it is provided that in the event of arrest, the applicants shall be released on anticipatory bail till cognizance is taken by the court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i) The applicants shall make themselves available for interrogation by the police officer as and when required;
(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 from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(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/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress who shall ensure the compliance of present order.
Order Date :- 12.3.2021
Rohit
