Allowed

Abdul Rahman v. State of U.P. and Another

Allahabad HC26 Nov 2019BAIL/50039/2019

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C., the court granted anticipatory bail to the applicant alleged under Sections 498A IPC, 506 IPC, and the Dowry Prohibition Act, subject to conditions including a personal bond and surrender for interrogation.

What did the court decide?

Anticipatory bail granted pending submission of police report under Section 173(2) Cr.P.C. on furnishing Rs. 25,000 bond with two sureties.

Abdul Rahman Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2019)

¶1

Court No. - 66

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50039 of 2019

¶3

Applicant :- Abdul Rahman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Rewti Raman Patel

¶4

Hon'ble Rajul Bhargava,J.

¶5

Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Rewati Raman Patel, counsel for the informant, learned A.G.A for the State and perused the first information report as well as rejection order.

¶6

Learned counsel for the applicant submitted that though Nikah of the applicant was performed with opposite party no. 2 in December 2018, however, on account of strained relationship their marriage was unsuccessful and they entered into an agreement on 3.2.2019 whose copy has been annexed, however, after passing Triple Talaq Act the impugned F.I.R. has been lodged and the applicant apprehends to arrest; the allegations of demand and cruelty are false; the applicant is ready to cooperate with the investigation. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

¶7

Learned A.G.A. has vehemently opposed the prayer for bail.

¶8

Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

¶9

In the event of arrest of the applicant Abdul Rahman involved in Case Crime No. 233 of 2019, u/s 498A, 506 IPC and 3/4 Dowry Prohibition Act, Section 3/4 Muslim Women (Protection of Right and Marriage) Act 2019, P.S. Khanpur, District Bulandshahar shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.

¶10

(i) the applicant shall make himself available for interrogation by a police officer as and when required;

¶11

(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

¶12

(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

¶13

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to

¶14

the applicant.

¶15

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

¶16

The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

¶17

Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.

¶18

In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

¶19

Order Date :- 26.11.2019 Dhirendra/

Abdul Rahman v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abdul Rahman v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dineysh Agrawaal D.K. Agrawal and 3 Others Vs State of U.P. and Another

Javed Mehdi Vs State of U.P. and Another

Ashok Baba @ Ashok Panth Vs State of U.P. and 2 Others

Manoj Pandey and 4 Ors. Vs State of U.P. and Another

Krishna Kumar Sharma and 3 Others Vs State of U.P. and Another

Angad Singh and Anr. Vs State of U.P. and Another