Firoz v. State of U.P.
Case brief
What is this about?
The court granted interim anticipatory bail to the applicant Firoz in a matrimonial dispute involvingSection 377 IPC and other charges, subject to personal bond and standard conditions, while declining to express an opinion on the merits of the case.
What did the court decide?
Granted interim anticipatory bail on bond of Rs. 50,000 with two sureties, subject to conditions of availability for interrogation, no tampering with evidence, and no leaving India.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3966 of 2021
Applicant :- Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
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.1554 of 2020, under Sections 323, 504, 506, 377 I.P.C., 3/4 Muslim Women (Protection from Rights to Marriage) Act, 2019, Police Station - Vijaynagar, District - Ghaziabad during the pendency of trial.
Urge made on behalf of the applicant is confined to the ambit that it is matrimonial dispute. The marriage of the applicant with opposite party no.2 was solemnized in the year 2013, out of their wedlock, two children were born. The husbandapplicant has not committed any offence. Some differences arose between the husband and wife due to which false first information report after deliberation has been lodged against the applicant. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the applicant.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in a matrimonial dispute involving allegations under Sections 323, 504, 506 IPC and the 2019 Act.
Parties & counsel
- applicant
Firoz
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/3966/2021
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