Mohammad Moheen vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant for anticipatory bail in Case Crime No. 493 of 2023, registered at Police Station Bhagwanpur, District Haridwar under Section 323, Section 498A of the Indian Penal Code, 1860, Section 3, Section 4 of the Dowry Prohibition Act, 1961, Section 3 read with Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

According to the First Information Report dated 16.07.2023, the marriage of the informant’s daughter was solemnized with the applicant on 09.11.2018.The applicant and his family members were demanding a car. On 19.07.2023, the informant’s son received a phone call that the applicant has given triple talaq to her daughter.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate.

Mr. Gaurav Singh, Advocate, for the applicant submitted that the said allegations are totally false and baseless. The applicant never demanded any car. He has not given triple talaq to the informant’s daughter. He has never pronounced triple talaq. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. He was never arrested during the course of the investigation. He was granted interim relief in the Application, filed under Section 482 of the Code of Criminal Procedure, 1973. Now, charge-sheet has been filed, therefore, there is no chance of tampering with the evidence.

Mr. Tumul Nainwal, learned Assistant Government Advocate has opposed the anticipatory bail application orally.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Mohammad Moheen, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.