Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13731 of 2021 Applicant :- Md Juned Khan And 6 Others Opposite Party :- State Of U. P Counsel for Applicant :- Ashutosh Kumar Tripathi
Hon'ble Arvind Kumar Mishra-I,J.
Vakalatnama filed Sri Zakhir Ahmad, Advocate on behalf of the informant is taken on record.
Heard learned counsel for the applicants, Sri Zakhir Ahmad, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in Case Crime No. 0213 of 2021, under Sections - 498-A, 313, 323, 504, 506 I.P.C., 3/4 D.P. Act and 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019, Police Station - Naugawan Sadat, District - Amroha, during the pendency of trial.
After coming to know about the entire facts of this case, particularly that the marriage solemnized in February, 2018. Thereafter, some discontent arose between the parties. It so happened that the discontent arose in the year and month April 2021, when both the parties separated. It is claimed that on 16.4.2021, the husband lodged complaint in the Police Station - Bada Hindurao, Delhi. Thereafter, in order to retaliate, the informant, who is wife of applicant no.1 lodged a false and concocted F.I.R. involving all the family members without any rhyme or reason setting up a false story that is not justified.
At this stage, the aforesaid contention has been controverted by Sri Zakhir Ahmad, learned counsel for the informant and he claims that here clear cut proof of the miscarriage was caused by the husband and his relatives, for which the medical evidence is also very much on record and the wife is still ready to live with the applicant-husband but the husband is deliberately neglecting her even after causing miscarriage.
In this view of the matter, let negotiation process be drawn between the parties either through the interference of the police officer or by the court concerned, as the case may be, first and until and unless the negotiation process is exhausted, the police authority will not interfere with the parties, provided the parties co-operate with the investigation.
However, in case, no negotiation takes place between the parties, then the applicants may move before the court below for obtaining regular bail, for which the doors are open.
With the aforesaid observation, this application stands disposed of.
Nothing has been observed on the merit of the case.
Order Date :- 29.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.02 16:25:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad