Dismissed

Mohammad Sameer Khan v. State of U.P.

Allahabad HC22 Jul 2021ABAIL/7452/2021

Case brief

AI extract

What is this about?

The Single Judge rejected an anticipatory bail application filed by Mohammad Sameer Khan in a case involving allegations of dowry harassment and Triple Talaq. The court held that granting bail would frustrate the legislative intent of the ban on Triple Talaq.

What did the court decide?

Anticipatory bail application rejected. Liberty given to apply for regular bail after surrender.

Mohammad Sameer Khan Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7452 of 2021 Applicant :- Mohammad Sameer Khan Opposite Party :- State of U.P. Counsel for Applicant :- V.K. Baranwal Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This is an application of the anticipatory bail given by the applicant Mohammad Sameer Khan , in Case Crime No. 13 of 2021, under Sections 498A, 323, 506 I.P.C., Section 3/4 D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S.- Atarsuiya, District - Prayagraj.

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The first information report has been lodged by informant Taiyaba Begum with the allegation that she was married with the accused in June, 2016 and out of their wedlock, a son was born. Thereafter, the accused-applicant and other family members started demanding additional dowry and started harassing her on account of non fulfillment of dowry demand. Thereafter on 21.10.2018, she was beaten and threw away from the matrimonial house. From the side of informant effort was being made for settlement out side the court, but on 22.01.2021, the accused gave her Triple Talaq and threatened her with dire consequence and when she informed the alleged incident to the concerned police station, no action was taken.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Submission is that on the false ground, the first information report has been lodged. With the consent of the informant, the accused entered into second marriage and thereafter, the informant started making objection and pressurizing him to leave the second wife and when he refused, the present first information report has been lodged. It has been submitted that the police is making all efforts to arrest the applicant, hence, there is threat of arrest of the accused-applicant and prima-facie case for anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicant is prepared to furnish surety and bond, there is no possibility of either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that flouting the legal mandate, the applicant has divorced the informant by pronouncing Triple Talaq. He was regularly harassing her for additional dowry, therefore, the benefit of anticipatory bail should not be given to him. The allegation in the first information report shows that not only the accused was harassing the informant for the additional dowry but also he declared Triple Talaq a divorced the informant.

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The law against Triple Talaq has been enacted to give matrimonial justice and protection to the women of Muslim community and if in such cases, anticipatory bail is given, the purpose of law would be frustrated. Therefore, considering the aim and object of law, which has enacted for justice to the women, I do not find any good ground for granting anticipatory bail to the accused-applicant.

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Accordingly, the anticipatory bail application is rejected .

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However, liberty is given to the applicant to surrender before the court below and apply for regular bail.

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Order Date :- 22.7.2021 sailesh

Mohammad Sameer Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Sameer Khan v. State of U.P.

Case brief

What is this about?

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What the court decided

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