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Syed Mohd. Haleem Alias Subhan vs State Of Uttarakhand

Uttarakhand High Court · Decided on 1 December 2023 · Citation: (2023) 12 UK CK 0007

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 354, 377, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4 · Muslim Women (Protection Of Rights On Marriage) Act, 2019 — Section 3, 4
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2037 Of 2023
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Judgment

8 paragraphs · 215 words

Ravindra Maithani, J

1.

Applicant Syed Mohd. Haleem alias Subhan is in judicial custody in FIR No.263 of 2023, dated 01.07.2023, under Sections 323, 354, 377, 498-A, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961 and Sections 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Khatima, Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

Learned counsel for the applicant would submit that it is a matrimonial discord; the applicant is the husband; the offence under Section 377 IPC cannot be read out against the husband in view of the amended provisions of the IPC; other co-accused have already been granted anticipatory bail by this Court; the applicant is in jail since 04.09.2023.

4.

Learned State counsel would submit that the victim has supported the prosecution case during investigation.

5.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

6.

The bail application is allowed.

7.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.