Neutral Citation No. - 2025:AHC:83122 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11476 of 2024 Applicant :- Ishwer Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.,Sachchida Nand Tiwari Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned counsel for the informant learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No.318 of 2024, under Sections 498A, 323, 342, 377, 354, 376, 511, 452, 427, 364, 120-B, 147, 148, 504, 506 I.P.C., Police Station Loni Border, District Ghaziabad with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 04.12.2024, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant after issuing notice to the opposite party no.2 as well as after calling counter and rejoinder affidavits. 4. Apart from several other merit issues advanced by learned counsel for the applicant, learned counsel for the applicant has also argued that according that the applicant is the father-in-law of the opposite party no.2. It is further contended that there is no credible evidence against the applicant and that the applicant has been falsely implicated in the present case merely on the ground that the applicant is the father in law of the opposite party no.2. Learned counsel further argued that the son of the applicant, who is none else but the husband of the opposite party no.2 has also filed a case under Section 9 of Hindu Marriage Act, which is pending consideration. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co- operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. as well as learned counsel for the informant have opposed the application for anticipatory bail but could not dispute the D.N.A. report. 6. Perusal of the record shows that the applicant was granted interim anticipatory bail vide order dated 04.12.2024. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant Ishwar Pal involved in the aforesaid case crime shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 17.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad