In a bail application under Sections 323, 376, 498-A IPC, the High Court allowed bail after noting the applicant's lack of prior record and the matrimonial context. The court directed parties to mediation via the Allahabad HC centre before release.
Bail allowed on personal bond and sureties. Withdrawal of Rs. 25,000 for mediation costs. Mediation directed.
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. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5312 of 2022
Applicant :- Mustaq Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Hemant Kumar Singh, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 0352 of 2021 at Police Station- Kotwali, District Azamgarh under Sections 323, 376, 498-A, 504, 506, IPC and Section 3/4 D.P. Act.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Azamgarh, on 03.01.2022.
The applicant is in jail since 04.12.2021, pursuant to the said F.I.R.
Sri Hemant Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The delay in lodgment of the FIR is fatal to the prosecution case. The applicant is the father in law of the deceased. The FIR arises out of a matrimonial dispute between the victim and her husband. The FIR was lodged as a counter blast to the proceedings for restitution of conjugal rights instituted by the applicant. The FIR is being leveraged in the matrimonial dispute. However the
applicant being the father in law of the victim is sincerely desirous for harmonious relations between the victim and her husband. The husband of the victim (son of the applicant) has since returned from Saudi Arabia. There is good possibility of an amicable resolution of the matrimonial dispute between the parties. In case the applicant or his family members are arrested at this stage, there will be lack of communication between the parties and the dispute could well be beyond recall. Apart from the instant case the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Nafees Ahmad, learned AGA could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from the instant case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
The parties will attempt a reconciliation with the assistance of the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
The matter is referred to the Allahabad High Court Mediation and Conciliation Centre, Allahabad to attempt to bring about conciliation between the parties through the process of mediation. The following directions shall be executed by the respective parties:
for mediation in the month of July, 2022 and issue notices to the parties accordingly or when the Mediation Centre resumes normal functioning.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Mustaq Ahmad be released on bail in Case Crime No. 0352 of 2021 at Police StationKotwali, District Azamgarh under Sections 323, 376, 498-A, 504, 506, IPC and Section 3/4 D.P. Act., on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence
during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.2.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.02.17 18:04:17 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant who is incarcerated after a rejected bail application and faces charges including rape and cruelty.
Whether the delay in lodging the FIR and the context of a matrimonial dispute warrant the release of the accused on bail.
Whether parties should be directed to mediation to resolve the underlying dispute.
Mustaq Ahmad
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
