Syed Fahad Ali vs State Of U.P. And 2 Others
2021 Latest Caselaw 3553 ALL

Citation : 2021 Latest Caselaw 3553 ALL
Judgement Date : 15 March, 2021

Allahabad High Court

Syed Fahad Ali vs State Of U.P. And 2 Others on 15 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. - 7782 of 2021
 

 
Applicant :- Syed Fahad Ali
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Javed Habib
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Syed Fahad Ali, in Case Crime No. 1145 of 2020, under Sections- 498A, 323, 377, 354, 506 I.P.C., Section 3/4 of Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Baradari, District- Bareilly.

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 applicant has submitted that during the period of service of notice, the applicant 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 applicant, it is directed that the applicant 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.

However, in case, the applicant 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 will not be granted any further time by this court for surrendering before the court below as directed above.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 15.3.2021