Shahrukh v. State of U.P.
Case brief
What is this about?
The High Court granted bail to an applicant charged under IPC 376, 498-A, and 511 following a domestic dispute. The court directed expedited trial within six months.
What did the court decide?
Released on bail on personal bond and two sureties subject to conditions against tampering and to appear in court; trial directed to conclude within six months.
What the court decided
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28530 of 2018
Applicant :- Shahrukh alias Sharukh Opposite Party :- State Of U.P. Counsel for Applicant :- Siddharth Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Siddharth Singh, learned counsel for the applicant, Sri Amir Khan, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Shahrukh alias Sharukh in Case Crime No.276 of 2017, under Sections 376, 323, 498-A, 511 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Salempur, District-Bulandshahar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the present F.I.R. is a result of matrimonial discord and differences in which entire family members of the husband of the prosecutrix have been roped in. In the F.I.R. the prosecutrix has levelled allegation of attempt to rape by the applicant who is her Dewar and her father-in-law. Besides it, she has also stated of suffering atrocities for demand of dowry by other family members. Lastly, it is pointed out that similarly placed co-accused, Irfan (father-in-law of the prosecutrix) has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.16626 of 2018 vide order dated 4.5.2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.06.2018, having no criminal history to his credit, also deserves to be released on bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving IPC 376 and 498-A allegations arising from matrimonial discord.
Parties & counsel
- applicant
Shahrukh alias Sharukh
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/28530/2018
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