Court No. - 74

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 7452 of 2021

Applicant :- Mohammad Sameer Khan

Opposite Party :- State of U.P.

Counsel for Applicant :- V.K. Baranwal

Counsel for Opposite Party :- G.A.

Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

This is an application of the anticipatory bail given by the

applicant Mohammad Sameer Khan, in Case Crime No. 13 of

2021, under Sections 498A, 323, 506 I.P.C., Section 3/4 D.P.

Act and Section 3/4 of Muslim Women (Protection of Rights on

Marriage) Act, 2019, P.S.- Atarsuiya, District - Prayagraj.

The first information report has been lodged by informant

Taiyaba Begum with the allegation that she was married with

the accused in June, 2016 and out of their wedlock, a son was

born. Thereafter, the accused-applicant and other family

members started demanding additional dowry and started

harassing her on account of non fulfillment of dowry demand.

Thereafter on 21.10.2018, she was beaten and threw away from

the matrimonial house. From the side of informant effort was

being made for settlement out side the court, but on 22.01.2021,

the accused gave her Triple Talaq and threatened her with dire

consequence and when she informed the alleged incident to the

concerned police station, no action was taken.

The submission of the learned counsel for the applicant is that

the applicant has been falsely implicated in the present case.

Submission is that on the false ground, the first information

report has been lodged. With the consent of the informant, the

accused entered into second marriage and thereafter, the

informant started making objection and pressurizing him to

leave the second wife and when he refused, the present first

information report has been lodged. It has been submitted that

the police is making all efforts to arrest the applicant, hence,

there is threat of arrest of the accused-applicant and prima-facie

case for anticipatory bail is made out. It is further submitted that

applicant has no criminal history and applicant is prepared to

furnish surety and bond, there is no possibility of either fleeing

away from the judicial process or tampering with the evidence,

therefore, applicant is entitled for grant of anticipatory bail.

Learned A.G.A. has vehemently opposed the prayer of bail and

has submitted that flouting the legal mandate, the applicant has

divorced the informant by pronouncing Triple Talaq. He was

regularly harassing her for additional dowry, therefore, the

benefit of anticipatory bail should not be given to him. The

allegation in the first information report shows that not only the

accused was harassing the informant for the additional dowry

but also he declared Triple Talaq a divorced the informant.

The law against Triple Talaq has been enacted to give

matrimonial justice and protection to the women of Muslim

community and if in such cases, anticipatory bail is given, the

purpose of law would be frustrated. Therefore, considering the

aim and object of law, which has enacted for justice to the

women, I do not find any good ground for granting anticipatory

bail to the accused-applicant.

Accordingly, the anticipatory bail application is rejected.

However, liberty is given to the applicant to surrender before

the court below and apply for regular bail.

Order Date :- 22.7.2021

sailesh