Back
IN THE HIGH COURT OF ALLAHABAD
SAMEER JAIN, J.
Furkan Ahmad – Appellant
Versus
State Of U.P. And Another – Respondents
Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 14066 of 2023
Decided on : 11-01-2024
Anticipatory Bail - Domestic Violence - IPC 498A, 323, 504, 506, D.P. Act, Muslim Women (Protection of Rights on Marriage) Act - Sushila Aggarwal(supra) - Section 438 Cr.P.C.
Fact of the Case:
The applicant filed an anticipatory bail application in a case involving allegations of domestic violence and dowry demands. The applicant's counsel argued that the allegations were false and that the applicant cooperated with the investigation. The State's counsel contended that the applicant should continue on anticipatory bail until the conclusion of the trial based on the law laid down by the Constitution Bench of the Apex Court in the case of Sushila Aggarwal.
Finding of the Court:
The court found that the earlier order granting anticipatory bail did not limit the tenure of the bail. Based on the law laid down by the Constitution Bench of the Apex Court, the court concluded that the anticipatory bail granted to the applicant should continue until the conclusion of the trial.
Issues: The main issue was whether the applicant should be granted anticipatory bail until the conclusion of the trial, considering the allegations of domestic violence and dowry demands.
Ratio Decidendi: The court relied on the law laid down by the Constitution Bench of the Apex Court in the case of Sushila Aggarwal, which held that the protection granted under Section 438 Cr.P.C. should not always be limited to a fixed period and can continue till the end of the trial, unless there are special or peculiar features necessitating the court to limit the tenure of anticipatory bail.
Final Decision: The court disposed of the anticipatory bail application, stating that the applicant shall continue on anticipatory bail earlier granted to him until the conclusion of the trial.
The main legal point established in this judgment is that anticipatory bail can continue until the conclusion of the trial, as per the law laid down by the Constitution Bench of the Supreme Court. The court clarified that the initial order granting anticipatory bail did not specify a time limit, and therefore, it should remain in effect throughout the trial unless there are specific circumstances necessitating a restriction (!) (!) .
The court emphasized that the protection under Section 438 of the Cr.P.C. is not inherently limited to a fixed period and can extend until the end of the trial, provided there are no exceptional or peculiar features that justify a time-bound restriction (!) (!) . In the present case, the earlier order granting anticipatory bail did not specify a time constraint, and the court held that it should continue until the trial's conclusion (!) (!) .
Consequently, the court disposed of the application by reaffirming that the anticipatory bail earlier granted shall remain in effect until the conclusion of the trial, without the need for a new order (!) .
JUDGMENT :
1. Heard Sri Prashant Singh, Advocate holding brief of Sri Kumar Beenu Singh, learned counsel for the applicant and Sri Imran Khan, learned A.G.A. for the State-respondent.
2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 187 of 2022, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act & 3/4 of Muslim Women (Protection of Rights on Marriage) Act, Police Station Akrabad, District Aligarh, with a prayer to enlarge him on anticipatory bail, till the conclusion of trial.
3. FIR of the present case was lodged against the applicant and his family members by his father in law and according to the FIR, applicant and his family members tortured the daughter of the informant since marriage for demand of dowry and on the instigation of his family members applicant gave triple talak to his daughter and thereafter his daughter was turned out from her matrimonial home by the accused persons including applicant.
4. Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and applicant is husband of the daughter of the informant and he never either demanded any dowry nor ever tortured the daughter of the informant.
5. He further submitted that actually daughter of the informant herself left her matrimonial house as she did not want to perform her matrimonial duties and it appears that some matrimonial dispute arose between applicant and his wife and only due to this matrimonial dispute on the basis of false allegation, FIR of the present case was lodged.
6. He further submitted that during investigation this Court on 16.8.2022 has enlarged the applicant on anticipatory bail but from the order dated 16.8.2022 which has been annexed as annexure-2 to the affidavit it appears that anticipatory bail was granted to the applicant in the present matter only till submission of the police report under section 173(2) Cr.P.C. and therefore, after submission of the charge sheet applicant applied for anticipatory bail before the court concerned but his anticipatory bail application has been dismissed.
7. He further submitted that as during investigation, after considering entire facts of the case this Court enlarged the applicant on anticipatory bail and applicant did not misuse the liberty of earlier granted to him and he fully co-operated with the investigation and he is not having any previous criminal history, therefore, he may be enlarged on anticipatory bail, till conclusion of the trial.
8. He further submitted that applicant is having apprehensions that if he will appear before the court concerned then he will be sent to jail.
9. On the other hand learned AGA submitted that from the order dated 16.8.2022 passed by this Court in Crl. Misc. Anticipatory Bail Application No. 5682 of 2022 it reflects that it was not the time bound order and it is nowhere mentioned in the order dated 16.8.2022 that applicant has enlarged on anticipatory bail, till submission of report under section 173(2) Cr.P.C.
10. He further submitted that in view of the law laid down by the Constitution Bench of the Apex Court in the case of [Sushila Aggarwal and others Vs. State (NCT of Delhi) (2020) 5 SCC 1] there was no need for the applicant to file fresh anticipatory bail application and he may continue on anticipatory bail till conclusion of the trial and therefore, there is no need to pass any fresh order in this regard.
11. I have heard learned counsel for both the parties and perused the record of the case.
12. From the record, it reflects that earlier on 16.8.2022 applicant during investigation has been released on anticipatory bail by this Court vide Criminal Misc. Bail Application No. 5682 of 2022 and while granting anticipatory bail to the applicant, this Court ordered that:-
The main legal point established in the judgment is that anticipatory bail can continue till the end of the trial, as per the law laid down by the Constitution Bench of the Apex Court in the case of ....
Anticipatory bail can be granted if there are no specific allegations against the applicant, ensuring the right to a fair trial and evidentiary support for accusations.
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the specific allegations and individual circumstances of the petitioners.
The main legal point established in the judgment is the consideration of innocence, lack of criminal history, and willingness to participate in the investigation in granting anticipatory bail in seri....
It does not lay down that the anticipatory bail has to be given, irrespective of the role attributable to an accused in the commission of the offence.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
