Allowed

Arish Son of Hasan Mohammad v. State of Rajasthan

Rajasthan HC8 Sept 2022CRLMB/8763/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an anticipatory bail application under Section 438 Cr.P.C. filed against offences under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The court noted the applicants joined the investigation and deemed it proper to make interim protection absolute and grant bail.

What did the court decide?

Anticipatory bail allowed; direction to release accused on bail of Rs.50,000/- with two sureties of Rs.25,000/- each subject to conditions.

Arish Son of Hasan Mohammad Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 8763/2022

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Arish Son Of Hasan Mohammad, Aged About 20 Years, R/o Village Doha, Mewat, Haryana

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Hasan Mohammad Son Of Chanda, Aged About 57 Years, R/o Village Doha, Mewat, Haryana.

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Maksoodan W/o Hasan Mohammad, Aged About 54 Years, R/o Village Doha, Mewat, Haryana

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----Applicants

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Versus

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State Of Rajasthan, Through Pp.

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----Respondent

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For Applicant(s) : Mr. Bharat Yadav For Respondent(s) : Mr. Atul Sharma, PP For Complainant : Mr. Vikash Kumar Jakhar

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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08/09/2022

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The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.195/2022 registered at Police Station Khairthal, District Bhiwadi, Alwar for the offence(s) under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

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Vide order dated 16.06.2022, interim protection was granted. Thereafter, the same was continued. It is reported by learned Public Prosecutor that the applicants have joined the investigation as directed.

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Learned counsel for the applicants submits that the matter under consideration pertains to matrimonial dispute. The marriage between the parties was solemnized in the year 2014. The

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(2 of 3)

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[CRLMB-8763/2022]

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applicants have duly complied with the conditional interim protection order dated 16.06.2022. He submits that first case of domestic violence was filed after seven years of marriage. He has further submitted that upon investigation, no case was made out against the father and mother of the accused-applicants.

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Learned Public Prosecutor has opposed the bail applications but has not refuted the fact that accused-applicants have joined the investigation.

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Considering the fact that accused-applicants have joined investigation as directed, this Court deems it appropriate to make the interim protection absolute.

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Considering the contentions put-forth by the counsel for the parties and looking to the overall facts and circumstances of the case and material on record, but without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application, as the accused-applicants has duly complied with the conditional interim protection order.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Khairthal, District Bhiwadi, Alwar in F.I.R. No. 195/2022 is directed that in the event of arrest of the accused-applicants Arish Son Of Hasan Mohammad, Hasan Mohammad Son Of Chanda and Maksoodan W/o Hasan Mohammad , they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(3 of 3)

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[CRLMB-8763/2022]

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(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the applicants 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 any police officer, and

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(iii) that the applicants shall not leave India without previous permission of the court.

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(SAMEER JAIN),J

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Arun/50

Arish Son of Hasan Mohammad v. State of Rajasthan

Case brief

What is this about?

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Arish Son of Hasan Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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