Taslimun alias Talimunnisa v. State of U.P. and Another
Case brief
What is this about?
Court No. 50 rejected an anticipatory bail application under Section 438 Cr.P.C., holding that the applicant's submissions regarding her defense more properly pertained to the stage of regular bail, especially given her gender under Section 437 Cr.P.C.
What did the court decide?
Application rejected; matter to be agitated at regular bail stage.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10508 of 2021
Applicant :- Taslimun Alias Talimunnisa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.,Anand Vikram Singh,Anirudh Kumar Upadhyay
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in case crime no. 0113 of 2020, under Sections 498A, 304B and Section 3/4 D.P. Act, Police Station- Gaur, District Basti.
Considering the submissions and taking into consideration the facts and circumstances of the case, no doubt it is an admitted fact from the the perusal of the FIR that applicant was involved in the offence in the question. Therefore, the argument advanced here are argument to be advanced at the stage of regular bail and cannot form the basis of anticipatory bail. However, the applicant (mother-in-law) is a lady entitled for benefit of Section 437 Cr.P.C. and her case may be accordingly considered by the court below on the point of regular bail.
The applicant is free to agitate her claim at the stage of regular bail before the appropriate court.
Issues for consideration
2 issues framed by the court
Whether an anticipatory bail application filed under Section 438 Cr.P.C. should be dismissed in favor of a regular bail argument.
Whether a lady applicant involved in offences under Sections 498A and 304B Cr.P.C. is entitled to anticipatory bail.
Parties & counsel
- applicant
Taslimun Alias Talimunnisa
- respondent
State of U.P.
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/10508/2021
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