Neutral Citation No. - 2025:AHC-LKO:2986 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10 of 2025 Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home And Another Counsel for Applicant :- Praveen Kumar Yadav,Atul Krishna,Satyendra Kumar Counsel for Opposite Party :- G.A.,Alok Srivastava Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Praveen Kumar Yadav and Sri Atul Krishna, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State and Sri Alok Srivastava, Advocate who has filed 'Vakalatnama' on behalf of opposite party no. 2 / victim, the same is taken on record. 2. By means of present anticipatory bail application, the applicant has shown his apprehension of arrest in Case Crime No. 678 of 2024 u/s 69, 89, 106(1), 318(4), 115(2), 352 and 351 (3) of BNS, P.S. Para, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence alleged in the F.I.R. 3. The attention has been drawn towards the impugned F.I.R. whereby the allegation has been levelled against the present applicant and his wife. The informant is a married lady and has got married twice without getting divorce from earlier husbands. The present applicant is also a married person and as per allegation he got married with the prosecutrix apprising wrong information to the informant that his wife is no more whereas his wife is still alive. Mainly the allegation of the F.I.R. is that on the pretext of false promise of marriage the present applicant established physical relation with the prosecutrix and later on denied for marriage. The present applicant is having his permanent address, therefore, there is no flight risk. Investigation is going on and the applicant undertakes that he shall cooperate in the investigation proceedings. The present applicant is having no prior criminal history of any kind whatsoever, therefore, his liberty may be protected till completion of investigation and filing of police report u/s 193(3) BNSS. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 4. Per contra, learned AGA as well as learned counsel for the informant opposed the aforesaid request by submitting that the present applicant established physical relation with the prosecutrix on the pretext of false promise of marriage but he has refused to keep her with him as wife. 5. Learned counsel for the informant has stated that since the present applicant has got married with the prosecutrix in one Arya Samaj Mandir on 28.7.2024, the fact which has been considered by the learned court below while rejecting the anticipatory bail application, then as to why the F.I.R. u/s 69 BNS has been registered is beyond his understanding. 6. Learned AGA has stated that all the aforesaid facts may be verified during the course of investigation, therefore, the direction may be issued to the applicant to cooperate in the investigation. 7. Considering the aforesaid facts and without entering into the merits of the issue, since the facts of the present case are peculiar inasmuch as both the applicant and prosecutrix are married person, even prosecutrix got married twice before establishing relation with the present applicant on the alleged false promise of marriage, the present applicant is having his permanent address, therefore, there is no flight risk and considering the undertaking of the applicant that he shall cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 193(3) BNSS. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. Therefore, it is directed that in the event of arrest, applicant shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- i. Applicant is directed to appear before the investigating officer on 24.1.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall further cooperate in the investigation, failing which this protection may be withdrawn. ii. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without the previous permission of the court; iv. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; 9. In view of above, the present anticipatory bail application is disposed of. . [Rajesh Singh Chauhan,J.] Order Date :- 17.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench