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M. A. CHOWDHARY
Razak Hussain, S/o. Bilal Hussain – Appellant
Versus
U. T. of J. &K. Through SHO – Respondent
JUDGMENT :
B.A. No. 359/2023
1. Petitioners through the medium of this bail application filed under Section 438 of the Code of Criminal Procedure seeks bail in anticipation of their arrest in case FIR No. 351/2021 registered at Police Station, Bahu Fort, Jammu at the instance of the respondent No. 2 (wife of the petitioner No. 1) for commission of offences punishable under Sections 354, 342, 498, 498-A, 504 & 506 IPC, asserting therein that the marriage of petitioner No. 1 was solemnized on 23.10.2020 and after performance of the rituals, the respondent No. 2-wife of the petitioner No. 1 joined his company at her matrimonial house; that the marriage between them was dowryless except some gift items like fridge, A.C, washing machine, furniture and utensils; that the father of the respondent No. 2, who is a superstitious person, forced the petitioners to take her to a tantrik at Sunjwan, Jammu and when she was taken there, she and her sister began to create a drama and the father of his wife abused and insulted the petitioners publically; that in April, 2021, the wife’s father told the petitioners to take her to Kishtwar for offering prayers at Dargah, so the petitioners alongwith he
The seriousness of the allegations, including gang rape, influenced the court's decision in revoking the interim bail for two of the petitioners while granting bail to the others.
Recall of bail – Impending marriage of accused is not a ground for grant of bail.
The main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
The main legal point established in the judgment is the court's authority to cancel bail based on fraudulent misrepresentation and the importance of supervening circumstances in such decisions.
The main legal point established is that the court will consider supervening circumstances or conduct of the accused post bail to justify cancellation, and will require evidence of violation of bail ....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
The court granted bail to the petitioners, emphasizing the lack of specific allegations against them and the application of special provisions favoring women in bail considerations.
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