Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51509 of 2019 Applicant :- Shakhavat @ Bhura Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of the applicant namely Shakhavat@Bhura, in the event of his arrest, involved in Case Crime No. 400 of 2019, under Sections 498A, 376, 323, 506 of I.P.C., Police Station- Dhaulana, District- Hapur.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Learned counsel for the applicant has not been able to point out any such aspect which may persuade this Court to either disbelieve the prosecution or look at the matter with leniency. The allegations as have been made including the allegation against the applicant for having committed rape against her. There are other allegations as to how she was subjected to cruel treatment after her marriage by other members of the family in the matrimonial home. In fact the perusal of statement of victim given under Sections 164 Cr.P.C. shows that demand of dowry was being pressed after marriage. She was being often beaten up because of non-fulfillment of the same and at some stage of her disgruntle marital life her husband indulged in committing audacious act of declaring talaq by the repetition of this word thrice and after the said meaningless tripple talaq, she was molested by the applicant. In fact, thereafter attempts to kill her were also made by surrounding the noose on her neck.
After hearing the submissions made at the Bar, looking to the nature and gravity of the accusation and the material in support of the same and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 26.11.2019 Naresh