This judgment grants anticipatory bail to Mohammad Asif in a case involving allegations of cruelty under the Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 498A IPC, directing him to surrender within 30 days.
Anticipatory bail granted subject to surrender before the court below within 30 days; no coercive action till then.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2048 of 2021
Applicant :- Mohammad Asif Opposite Party :- State of U.P. Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A.,Kunwar Rajan,Randhir Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Randhir Singh and Shri Kunwar Rajan, learned counsels for the informant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Mohammad Asif, with a prayer to release him on bail in Case Crime No. 362 of 2020, under Sections- 498A, 323 I.P.C., Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Amroha Nagar, District- Amroha, during pendency of trial.
There is allegation against the applicant regarding offence under Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019.
In view of the judgment of the Apex Court in the case of Rahana Jalal vs. State of Kerala and Another, dated 17.12.2020 passed in Criminal Appeal No. 883 of 2020, anticipatory bail can be granted to an accused husband only after hearing his wife and considering the existence of reasonable grounds.
Learned counsel for the applicant has submitted that allegations in the First Information Report are not correct.The false allegation has been made out against the applicant.
In view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 30 days from today and apply for bail.
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 15.3.2021 Atul kr. sri.
3 issues framed by the court
Whether anticipatory bail should be granted in a case involving Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 498A IPC.
Whether reasonable grounds exist to grant anticipatory bail to the accused husband without directly hearing his wife in the initial stages.
What procedural directions should be issued for the applicant to secure bail under the guidelines laid down by the Apex Court.
Colour shows how this judgement treated each authority
Rahana Jalal vs. State of Kerala and AnotherFollowed¶8
Rahana Jalal vs. State of Kerala and Another, dated 17.12.2020 passed in Criminal Appeal No. 883 of 2020
1 provisions across 1 enactments
Mohammad Asif
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
