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Uttarakhand High Court grants bail to person accused for uttering the word ‘Talaq’

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Uttarakhand High Court on Wednesday granted bail to an accused person who was languishing in jail since December last year for offence under Muslim Women (Protection of Rights on Marriage) Act 2019.

Before the High Court, it was argued by the counsel for applicant that he had been falsely implicated in the crime and no offence was made out against him. The Counsel further argued that he never used the word ‘Talaq’ as stated in the FIR and still he is the husband of the ‘informant’.

A single judge bench of Justice R. C. Khulbe said, “It is a matter of evidence whether he has uttered the word ‘Talaq’ in presence of his wife or not but the offence is exclusively triable by a Magistrate and the accused is languishing in jail since 14.12.2019. Without expressing any opinion as to the final merits of the case, this court is of the opinion that it is fit case for bail and applicant shall enlarge on bail. However, it is clarified that observations made by this court shall not affect the trial proceedings.”

This was the first bail application filed by the applicant-Sahid Hussain had sought his release on bail in connection with offence under Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act 2019 and Section 506 IPC, Police Station Shyampur, District Haridwar.

Sections 3/4 of Muslim Women (Protection of Rights on Marriage) Act 2019 provides that any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. And that any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Applicant Counsel also argued that the offence is exclusively triable by a Magistrate. Counsel for the State vehemently opposed the bail application but admitted that the offence is exclusively triable by a Magistrate and as per Section 4 of the Act, the maximum punishment is of three years.

-India Legal Bureau 



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