The court confirmed the grant of anticipatory bail to appellants in a matrimonial dispute pending the filing of 173(2) report, following precedent and existing terms.
Anticipatory bail confirmed till cognizance on police report under terms of dated 01.02.2021.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1178 of 2021 Applicant :- Nawabuddin And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Tripathi,Anil Kumar Bind Counsel for Opposite Party :- G.A.,Akash Tyagi
Hon'ble Siddharth,J.
Learned A.G.A has filed counter affidavit which is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicants , Nawabuddin, Shabnam, Shahabuddin, Anjana, Sajuddin, Raja, Jahid, Vareesa and Jakir, in Case Crime No. 224 of 2020, under Sections- 498-A, 323, 506, 354, 377, 376, 307, 452 I.P.C and Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Kotwali, District- Meerut.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
The applicants has been implicated in this case on account of matrimonial dispute. The applicants have already been enlarged on interim anticipatory bail by order dated 01.02.2021.
The order is confirmed.
Applicant will remain on anticipatory bail till cognizance is taken by the court on the police report u/s 173 (2) Cr.P.C. on same terms and conditions as mentioned in the order dated 01.02.2021.
The anticipatory bail application is allowed to the aforementioned extent.
Order Date :- 6.4.2021 / Rohit
2 issues framed by the court
Whether anticipatory bail should be confirmed to applicants implicated in matrimonial dispute pending police report
Whether further time for A.G.A response is required under Section 438(3) Cr.P.C. (U.P. Amendment)
Colour shows how this judgement treated each authority
Govind Mishra @ Chhotu Versus State of U.P.Referred¶7
Nawabuddin and 8 Others
State of U.P.
Hon'ble Siddharth,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
