Manshad vs State Of U.P. And Another
2021 Latest Caselaw 3709 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4767 of 2021
 

 
Applicant :- Manshad
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Madhava Nand Shukla
 
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 on behalf of the applicant,Manshad, with a prayer to release him on bail in Case Crime No. 413 of 2020, under Sections- 498A, 376, 506 I.P.C., Section 3/4 of Dowry Prohibition Act and Section 3/4 of Muslim Women(Protection of Rights on Marriage) Act, 2019, Police Station- Shahpur, District- Muzaffar Nagar, during pendency of trial.

There is allegation against the applicant regarding offenceunder Section 3/4 Muslim Woman (Protection of Rights of Marriage) Act along with other Sections of I.P.C. 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, he cannot be granted anticipatory bail without notice to his wife. Counsel for the applicant has submitted that if notice are issue to the opposite party no. 2,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 :- 16.3.2021

Rohit