Allowed

Afak Alvi @ Afak Jakaria Alvi and 5 Others v. State of U.P. and Another

Allahabad HC8 Jul 2020ABAIL/3672/2020

Case brief

AI extract

What is this about?

Hon'ble Ramesh Sinha, J. granted anticipatory bail to applicants in a matrimonial dispute under sections 498-A, 323, 506 IPC. The court exempted filing of FIR copy due to COVID-19 and imposed standard bail conditions including furnishing bonds, appearing for interrogation, and not fleeing the country.

What did the court decide?

Applicants released on anticipatory bail subject to furnishing personal bonds of Rs. 25,000 each with two sureties and compliance with conditions.

Afak Alvi @ Afak Jakaria Alvi and 5 Others Vs… — Matrimonial and Divorce | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3672 of 2020

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Applicant :- Afak Alvi @ Afak Jakaria Alvi And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prakash Dwivedi,Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri R.P. Dwivedi, learned counsel for the applicants, Ms. Archana Singh, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.

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An exemption application has been filed on behalf of the applicants along with present petition for exempting the filing of certified copy of the F.I.R. as it could not be made available to the petitioners due to COVID-19.

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The exemption application is allowed.

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The filing of certified copy of the F.I.R. is hereby exempted.

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It has been contended by the learned counsel for the applicants that the applicant no. 1 is the husband of opposite party no. 2, who is complainant of the case. The marriage between them was solemnized in the year 2013. Thereafter some dispute arose between them as opposite party no. 2 was pressurizing the applicant no. 1 to live separately which was refused by the applicant no. 1 on account of which she lodged the present F.I.R. against the applicant no. 1 and his family members levelling false and frivolous allegations just for harassment. The applicants have no other reported criminal antecedent. Hence the applicants are entitled to be released on bail.

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

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicants Afak Alvi @ Afaq Jakaria Alvi, Ariz Iliyas Alvi, Abid Iliyas Alvi, Arif Iliyas Alvi, Smt. Ashiya Fatima and Joya @ Anisa Fatma involved in Case Crime No. 216 of 2020 under sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, police station Kareilly, District Prayagraj, they 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 their furnishing personal bonds of Rs. 25,000/-each 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:-

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

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(ii) the applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as

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to dissuade him from disclosing such facts to the Court or to any police office;

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(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.

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

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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 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 applicants.

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The applicants are directed to produce a 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.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 8.7.2020

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Shiraz

Afak Alvi @ Afak Jakaria Alvi and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Afak Alvi @ Afak Jakaria Alvi and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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