Neutral Citation No. - 2025:AHC:82925 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11730 of 2024 Applicant :- Dinesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amzad Rza,Chandra Kant Tripathi Counsel for Opposite Party :- Akhilesh Kumar Shukla,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Sri Surya Prakash Dubey, learned counsel holding brief of Sri Chandra Kant Tripathi, learned counsel for the applicant, learned counsel for first informant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Criminal Case No. 766 of 2023 arising out of Case Crime No. 490 of 2022, under Sections 376, 341, 377, 504, 506, 507, 385 I.P.C., Police Station Sadabad Kotwali, District Hathras, with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 01.01.2025, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant.. 4. Learned counsel for the applicant submits initially a first information report was lodged by father of the informant/victim in Case Crime No. 195 of 2022 under Sections 366, 120-B I.P.C. wherein final report was submitted by the police. He further submits that the applicant has married with the victim and in this regard, learned counsel has drawn attention of this Court to marriage certificate dated 01.06.2022, copy of which is annexed as Anneure-19 to the affidavit accompanying the bail application. Learned counsel further argued that there is no credible evidence against him. 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. and learned counsel for first informant have opposed the application for anticipatory bail. Learned A.G.A. has drawn attention of this Court that the victim in her statement recorded under Section 164 Cr.P.C. has levelled specific allegation against the applicant. Further it has been argued that the alleged marriage certificate is a notarised affidavit, which is not tenable in the eyes of law. 6. Perusal of the record shows that the applicant was granted interim anticipatory bail vide order dated 02.01.2025. The marriage certificated upon which reliance has been placed by the applicant is a certificate issued by the Marriage Registration Officer, rather it is a notarised certificate. Furthermore, the victim in her statement has levelled specific allegation against the applicant. 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, no case for anticipatory bail is made out. 8. Interim order, if any stands vacated. 9. The anticipatory bail application is rejected. Order Date :- 17.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad