High Courts

Abdul Subhan vs State of U.P.

Allahabad High Court · Decided on 31 August 2007 · Citation: (2007) 08 AHC CK 0102

HON’BLE JUDGES
G.P.Srivastava, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 20027 of 2007
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Judgment

6 paragraphs · 166 words

G.P. Srivastava, J.—Heard learned Counsel for the applicant and learned AGA.

2.

It is argued by learned Counsel for the applicant that the condition imposed in the bail order dated 1962007 passed by the Incharge, Additional Sessions Judge, Maharajganj is unnecessarily, unlawful and it also amounts to denial of the bail. The condition imposed in the order is in two parts.

3.

Firstly, the applicant after release, will not harass and torture to Smt. Rehana, his daughterinlaw secondly he will also maintain and provide proper attention to the victim and her children. The second condition is uncalled for because the fatherinlaw is not liable to maintain his daughterinlaw and grandson unless specifically directed by the competent Court. This is not a competent Court to impose such condition.

4.

This application is allowed.

5.

The order dated 1962007 is modified and the last condition that the applicant will maintain the victim and her children and make arrangement for proper attention by father is hereby deleted.

Application allowed.