Allowed

Safatullah @ Mohd. Safatullah v. State of U.P.Thru Prin.Secy. Home and Anr.

Allahabad HC19 Oct 2022/26/2022

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application filed by an applicant apprehending arrest in a matrimonial dispute. Considering the prior interim bail order, the filing of the charge sheet, and the amicable settlement between the parties, the Court granted bail against personal bond and two sureties.

What did the court decide?

The instant anticipatory bail application is allowed; the applicant shall be released in the event of arrest upon furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 50,000 each.

Safatullah @ Mohd. Safatullah Vs State of U.P.Thru… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 26 of 2022

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Applicant :- Safatullah @ Mohd. Safatullah Opposite Party :- State Of U.P.Thru Prin.Secy. Home And Anr. Counsel for Applicant :- Sudhir Kumar,Ashish Kumar Mishra Counsel for Opposite Party :- G.A.,Abhishek Kumar Singh,Shubhangi Singh

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Sudhir Kumar, learned counsel for the applicant, learned AGA for the State and Ms. Shashi Lata Pandey, holding brief of Sri Rajesh Kumar, learned Advocate, who has filed Vakalatnama on behalf of the complainant/ opposite party no.2. Said Vakalatnama is taken on record.

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As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.75 of 2021, under sections 498A, 323, 324, 504, 506, 376, 377, 313, 406 I.P.C., Section 3/4 Dowry Prohibition Act and Section 3/4 Muslim Woman (Protection of Right on Divorce) Act, Police Station Mahila Thana, District Lucknow.

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This Court vide order dated 10.01.2022 has granted interim anticipatory bail to the applicant, which reads as under:-

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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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The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.75 of 2021, under sections 498A, 323, 324, 504, 506, 376, 377, 313, 406 I.P.C. and Section 3/4 Dowry Prohibition Act and 3/4 Muslim Woman (Protection of Right on Divorce) Act, Police Station Mahila Thana, District Lucknow.

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Learned counsel for the applicant has submitted that marriage of applicant was solemnized with the informant of the present case on 25.03.2021. He further submitted that informant was making pressure on the applicant for living separately, but the applicant denied, and thereafter, she left the house of applicant and on 02.09.2021, informant and her family members came to the house of applicant and started quarreling and applicant was also beaten by them and he went to District Hospital, Balrampur for his treatment. He further submitted that applicant was medically examined and six injuries were found on his body, thereafter, a complaint was registered to the Police, but no action was taken. In the meantime, FIR was lodged by the informant of the present case on the basis of general allegations. In the FIR, it is alleged that informant was beaten by the applicant and his family members, and thereafter, on 06.09.2021 her fetus aborted, but no such incident was

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taken place as she never made any complaint prior to lodging of present FIR. He further submitted that all the accused persons have been granted anticipatory bail by the court below, bail orders of the co-accused persons is annexed as Annexure-4 collectively. He further submitted that there is a possibility for settlement, in case, protection is granted to the applicant.

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Learned A.G.A. has opposed the prayer for grant of anticipatory bail to the applicant and submitted that applicant is husband of the informant, but he does not dispute the fact that co-accused persons have been granted anticipatory bail by the court below and general allegations have been levelled against all the accused persons.

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Considering the argument of learned counsel for the parties and going through the entire records, it is evident that there is a matrimonial dispute and the FIR was lodged by the informant of the present case on 07.09.2021 as the applicant was medically examined on 03.09.2021 and his medical report reveals that he received six injuries. All the co-accused persons having identical allegations have been granted anticipatory bail by the court below as counsel for the applicant has submitted that there is a possibility of settlement. I am of the view that the applicant is entitled for interim bail.

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In the event of arrest of the applicant, namely, Safatullah @ Mohd. Safatullah in the aforesaid case, he shall be released forthwith by the Station House Officer of the police station concerned, on his furnishing personal bond of Rs.50,000/- with the following condition:-

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(i) That the accused-applicant shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation;

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(ii) That the accused-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 him from disclosing such facts to the court or to any police officer; and

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(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

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However, it is directed that the applicant will join and participate in each and every aspect of Investigation and will lend full assistance to the Investigating Agency, even with regard to 'discovery of fact' if and when required so by the Investigating Agency.

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List this case on 09.02.2022 for final disposal.

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In the meantime, learned A.G.A. may file counter affidavit."

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Learned counsel for the applicant has submitted that charge sheet has been filed on 02.02.2022 under Sections 498A, 323, 504, 506, 406 I.P.C., Section 3/4 Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act. He has further submitted that the present applicant and his wife are present in the Court. He has further submitted that both are living happily as they have settled their

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dispute amicably. However, the proceedings are pending before the learned court below.

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Ms. Shashi Lata Pandey, holding brief of Sri Rajesh Kumar, learned counsel for the complainant/ opposite party no.2 has also submitted that the applicant is living with his wife happily and they have settled their dispute amicably. Learned AGA has also informed that charge sheet has been filed and the proceedings are pending before the learned court below.

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Learned counsel for the applicant has submitted that the applicant is giving undertaking that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, if granted, therefore, his liberty may be protected till conclusion of the trial proceedings.

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Therefore, without entering into merits of the issue; considering the arguments of the learned counsel for the parties; the interim anticipatory bail order dated 10.01.2022; the fact that the present applicant has cooperated in the investigation and with his proper cooperation, charge sheet has been filed; the present applicant has settled his dispute with his wife as both are present in the Court; charge sheet has been filed and the applicant is willing to participate in the trial proceedings, I find it appropriate that liberty of the present applicant may be protected till conclusion of the trial proceedings in view of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98 .

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Therefore, it is directed that in the event of arrest, applicantSafatullah alias Mohd. Safatullah shall be released on anticipatory bail in the aforesaid case crime number till conclusion of the trial on his furnishing a personal bond and two sureties of Rs.50,000/- each before the trial court concerned with the following conditions:-

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that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicant shall not leave India without the previous permission of the court;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each

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date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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Before parting with, learned trial court is directed to conduct and conclude the trial with expedition and no unnecessary adjournment shall be given to any of the parties.

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Accordingly, the instant anticipatory bail application is allowed .

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[Rajesh Singh Chauhan,J.]

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Order Date :- 19.10.2022 RBS/-

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Digitally signed by RAM BIR SINGH Date: 2022.10.20 20:26:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Safatullah @ Mohd. Safatullah v. State of U.P.Thru Prin.Secy. Home and Anr.

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Safatullah @ Mohd. Safatullah v. State of U.P.Thru Prin.Secy. Home and Anr.

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