Allowed

Shanu @ Saddam Hussain v. State of U.P. and Another

Allahabad HC16 Mar 2021ABAIL/451/2021

Case brief

AI extract

What is this about?

The Single Judge allowed an anticipatory bail application filed under Section 438 Cr.P.C. by the applicant against alleged offences of cruelty, restitution of conjugal rights equivalent, and bigamy arising from matrimonial disputes.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 50,000 with two sureties and compliance with specified conditions.

Shanu @ Saddam Hussain Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 451 of 2021

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Applicant :- Shanu @ Saddam Hussain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant , Shanu @ Saddam Hussain in Case Crime No. 727 of 2020, under Sections- 498-A, 494 I.P.C. & Section 3/4 of Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police StationKotwali, District- Fatehpur.

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Despite issuance of notice twice to the opposite party no. 2, no one has put in appearance on her behalf.

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As per the report of Chief Judicial Magistrate, Fatehpur, notice has been served on opposite party no. 2 but she has not appeared.

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In view of the above, this anticipatory bail application is allowed.

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In the event of arrest, the applicant shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required;

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(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The concerned Court/Authority/Official shall verify the authenticity of such 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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In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.

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Order Date :- 16.3.2021 KS

Shanu @ Saddam Hussain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shanu @ Saddam Hussain 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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