Mohammad Asif vs State Of U.P.
2021 Latest Caselaw 3616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2048 of 2021
 

 
Applicant :- Mohammad Asif
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Adil Khan
 
Counsel for Opposite Party :- G.A.,Kunwar Rajan,Randhir Singh
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant; Shri Randhir Singh and Shri Kunwar Rajan, learned counsels for the informant and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicant, Mohammad Asif, with a prayer to release him on bail in Case Crime No. 362 of 2020, under Sections- 498A, 323 I.P.C., Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Amroha Nagar, District- Amroha, 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 applicant has submitted that allegations in the First Information Report are not correct.The false allegation has been made out against the applicant.

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

Atul kr. sri.