Neutral Citation No. - 2025:AHC:34642 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12158 of 2024 Applicant :- Vibhav Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ratnesh Kumar Jaiswal Counsel for Opposite Party :- G.A.,Kanchan Sharma,Prashant Vyas Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Prashant Vyas, learned counsel for the informant and learned A.G.A. for the State. 3. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in F.I.R. No. 0554 of 2024, under Sections 498-A, 504, 506, 323, 307, 313 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Baraut, District- Baghpat, during the pendency of trial. 4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of the informant. Allegation alleged in the first information report is false and baseless and without support of any cogent evidence. He next submitted that earlier applicant and other co-accused persons have approached this Court by filing Criminal Misc. Writ Petition No. 19461 of 2024 and the Division Bench of this Court vide order dated 25.11.2024 dismissed the writ petition in respect of applicant herein (Vibhav Jain) and granted interim order in favour of co- accused persons. Allegation in the first information report is that marriage of applicant and informant was solemnized in June, 2023, thereafter, applicant along with co-accused persons, started torturing the informant for demand of dowry. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial. 5. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the anticipatory bail application of the applicant and submitted that after two years of marriage, applicant along with his family members started torturing the informant for demand of dowry. He next submitted that Investigating Officer tried to mediate the matter between the parties but applicant did not appear before the Investigating Officer, therefore, matter could not be settled between the parties. He next submitted that Division Bench of this Court has found evidence against the applicant, therefore, rejected the writ petition on behalf of the applicant and granted interim order in favour of co-accused persons. Applicant is husband of the informant and is responsible for protecting her wife. Hence, applicant should not be released on anticipatory bail. 6. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of contents of first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant. Applicant is husband of the informant and is responsible for protecting her wife, as such, no case for interference by this Court is made out. 7. Accordingly, the present anticipatory bail application is rejected. 8. However, if the applicant surrenders before the concerned court within three weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another; reported in 2021 SCC OnLine SC 922. 9. For the period of three weeks from today or till the time of surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant. Order Date :- 10.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad