Mohd Ahmad Khan vs State Of U.P.
2023 Latest Caselaw 16294 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:113317
 
Court No. - 83
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5860 of 2023
 

 
Applicant :- Mohd Ahmad Khan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Udai Shanker Mishra,Mohammad Khalid
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Sri Mohammad Khalid, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

3. The present application for anticipatory bail has been filed for anticipatory bail in Criminal Case No.1462 of 2020 in Case Crime No.1108 of 2019, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Baradari, District Bareilly, during the pendency of trial.

4. As per prosecution story, the marriage of the applicant was solemnized with the informant as per Muslim Rites on 04.10.2015. The applicant and other family members are stated to have demanded a dowry of Rs.20 lakhs from her, thereby subjected her to cruelty and are even stated to have assaulted her.

5. Learned counsel for the applicant has further stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant had challenged the said charge-sheet by filing a petition U/s 482 Cr.P.C. and was sent for mediation. The mediation proceedings have failed, as such petition U/s 482 Cr.P.C. No.12187 of 2021 was dismissed vide order dated 14.03.2023. The applicant is entitled for bail as the said case is covered by paragraph 41 of the judgment passed by this Court in the case of Shivam vs. State of U.P. and Another on 05.04.2021. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

6. Per contra, learned AGA has vehemently opposed the anticipatory bail application on the ground that the applicant has already relinquished the opportunity of challenging the charge-sheet by filing a petition U/s 482 Cr.P.C and is squarely covered by paragraph 43 of the judgment passed by this Court in Shivam (supra).

7. After hearing learned counsel for the parties and taking into consideration the paragraph 43 of the judgment passed by this Court in Shivam (supra), I do not find it a fit case for grant of anticipatory bail to the applicant.

8. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected.

9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of anticipatory bail application and the said observations shall have no bearing on the merits of the case during trial.

(Krishan Pahal, J.)

Order Date :- 23.5.2023

Ravi Kant