Abrar Khan v. State of U.P.
Case brief
What is this about?
The High Court allowed anticipatory bail application filed by Abrar Khan facing charges under various IPC sections related to matrimonial discord and domestic violence.
What did the court decide?
Anticipatory bail granted till conclusion of trial on personal bond of Rs. 50,000 and two sureties in like amount.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1672 of 2023
Applicant :- Abrar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Azhar Hussain, learned counsel for the applicant and Sri K.P. Pathak, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in criminal case no. 1445 of 2022 arising out of Case Crime No. 708 of 2020, under Sections 498A, 323, 354, 354(B), 504 & 376 IPC, Police Station- Tajganj, District Agra with a prayer to enlarge him on anticipatory bail.
The first information report was lodged against the entire family member of the applicant due to matrimonial discord between the applicant's brother and his wife.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case in order to exert pressure upon the entire family member of the applicant. Applicant is the devar of the informant. Prior to coming of the charge sheet the applicant had approached this Court by way of filing Criminal Misc. Anticipatory Bail Application No. 7797 of 2021 and the Court was pleased to enlarge him on Anticipatory bail till the submission of police report u/s 173(2) Cr.P.C. vide order dated 15.03.2021. After submission of charge sheet the applicant has moved anticipatory bail application before the court below and the learned court below has rejected the same vide order dated 19.12.2022. The applicant has no criminal history. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant in the charges of offences under the specified sections of the IPC arising out of matrimonial discord.
Parties & counsel
- applicant
Abrar Khan
- respondent
State of U.P.
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- ABAIL/1672/2023
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