IMRAN ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Power filed today by Dr. C.P. Upadhyay Advocate on behalf of applicant and the power filed by Shri Praveen Kumar Singh, Advocate on behalf of first informant are taken on record.

(2.) Submission of counsel for the applicant is that the applicant got married with Tasneem Jahan @ Yasmeen on 11.6.2011 at Varanasi and they were blessed with a baby boy born on 8.8.201 However, after certain point of time matrimonial discord appeared in between the husband and wife and the wife started visiting her parental house. In the month of April, 2016 the applicant along with his wife and child had visited a restaurant and while the wife was walking there, she accidentally slipped and fell down due to which some injuries were sustained by her. Submission is that after few days of this eventuality, in the wake of preceding family strife, the wife under the misleading pernicious influence of her family members lent that eventuality a different complexion and turned it into a criminal case and consequently the present First Information Report in question was lodged. Further submission is that the criminal case was an outcome of gross matrimonial misunderstanding which was deliberately aggravated by her family members and incorrect facts were introduced into the F.I.R. by adding entirely false allegations like demand of dowry and throwing the wife out of the moving car causing serious injuries on her person. It is further submitted that the falsity of the allegations as contained in the F.I.R. with regard to another alleged incident dated 19.7.2016 and the high improbabilities involved in the same are evident from the fact that on the said date i.e. 19.7.2016 when the wife alleged to have come to the house of applicant along with her brother, the child Mohd. Jeedan Ansari, studying in Nursery at Delhi Public School, was very well present in the school at Varanasi. In support of this the attendance register and letter of the Principal of the school has been annexed as Annexure-4 along with the bail application. Submission is that even the small squabbles which are often part of everyday life were blown out of proportion by the parental side of the wife which ultimately resulted into implication of accused-applicant in this case who otherwise belongs to a respectable family having a good business of carpet export. Further submission is that the C.T. Scan of wife of the applicant, appended as Annexure-3 to the bail application, reveals that only soft tissue swelling around middle finger of left hand was found and there was no fracture. But the main thrust of arguments as has been laid by the counsel is on the fact that while the applicant was in jail a letter written by the applicant's wife was received by the applicant which betrayed out all emotions of an affectionate wife with a specific resolve that she wanted to start a new life with the applicant again without any mess and interference of anyone. The said letter has been placed before the court as Annexure SA-1 enclosed along with supplementary affidavit. Contention is that if there is any truth in the contents of wife's letter (Annexure SA-1) written to the husband then the falsity of the allegations made against the applicant or at any rate the exaggerated nature of the same becomes manifest and apparent on the face of record. Submission is that not only wife of the applicant but the real brothers of his wife namely Tariq Kamal and Ahsan Kamal along with Arif Jamal have been regularly visiting jail to meet the applicant. They bring foods and sweets along with message of informant as well as his son. In order to establish this fact, attention of the court has been drawn to the information obtained by the the cousin of applicant, who is the deponent of supplementary affidavit dated 26.4.2017 filed today, through Right to Information Act from the Superintendent (Jail), Varanasi, showing such visits of Tariq Kamal and Arif Jamal. This information has been annexed as Annexure-SA-2 along with the supplementary affidavit. Submission is that whatever dispute might have afflicted the nuptial relationship of the applicant and his wife, the position of law as stands on date encourages and permits opportunity to settle such matrimonial disputes amicably and give the couple another chance to lead a normal life. Contention is that further incarceration of applicant may create hindrance and may even completely flounder such opportunity of alternate redressal or settlement aimed at by law in respect of matrimonial disputes. Submission is that the applicant has no criminal history and he is languishing in jail since 9.2017 in a matter of matrimonial dispute having little likelihood of early conclusion of trial and hence he may be enlarged on bail at least to get an opportunity to amicably settle his nuptial relationship and to lead a normal life, as is also desired by his wife and son.

(3.) Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail and have submitted that prima facie there is sufficient material available which constitute the offences having been committed by the accused and submissions raised on behalf of the applicant should better be left for the trial court to appreciate and adjudicate upon and the accused should not be enlarged on bail.