Court No. - 13 Case :- CRIMINAL APPEAL No. - 398 of 2025 Appellant :- Arif Hussain @ Sonu Arya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Appellant :- Surya Kant Singh Counsel for Respondent :- G.A., Nishant Mishra Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by learned A.G.A. is taken on record. 2. Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel appearing for the complainant. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 4.12.2024 passed by Special Judge, SC/ST Act, Lucknow in Anticipatory Bail Application No. 9067 of 2024 arising out of F.I.R. No. 478 of 2024, under Sections 70(1), 123, 318(4), 92, 115(2), 352, 351(3) B.N.S. & Section 3(1)da,dha, 3(2)(v) of SC/ST Act, P.S. - Sushant Golf City, District - Lucknow. 4. Learned counsel for the appellant submits that there was a matrimonial dispute in between the parties but on the basis of exaggerated facts, F.I.R. of the case in question was lodged. He further submits that now issue has been resolved in between the appellant and complainant (spouse), therefore, appellant is entitled for anticipatory bail and the impugned order is liable to be set aside. 5. Complainant of the present case is also present before this Court and stated that she entered into marriage with the appellant on 24.1.2009 in Arya Samaj Temple at Lucknow. Thereafter, marriage was also registered before the Marriage Registrar on 26.2.2010 at Lucknow. She also admitted that due to annoyance, F.I.R. of the case in question was lodged and now issue has been resolved in between them. 6. Learned counsel for the complainant submits that as issue has already been resolved in between complainant and appellant, therefore, complainant does not want to pursue the case and also requested that appellant be enlarged on anticipatory bail. 7. Learned A.G.A. vehemently opposes the prayer of the appellant and submits that complainant/victim, in her statement recorded under Section 161 Cr.P.C., supported the prosecution version, however, he does not dispute the fact that appellant and victim are the husband & wife. He also does not dispute the contents of the annexure No.5 (compromise) annexed with the bail application. 8. After considering the record of the case as available before this Court, it is evident that appellant entered into marriage with the complainant on 24.1.2009 and thereafter, marriage was registered before the Marriage Registrar on 26.2.2010, it is also evident that now issue between the parties has been resolved in between the parties as informed by complainant, therefore, appellant is entitled for anticipatory bail. 9. In such circumstances, instant appeal stands allowed. Order dated 4.12.2024 passed by Special Judge, SC/ST Act, Lucknow in Anticipatory Bail Application No. 9067 of 2024 arising out of F.I.R. No. 478 of 2024, under Sections 70(1),123, 318(4), 92, 115(2), 352, 351(3) B.N.S. & Section 3(1)da,dha, 3(2)(v) of SC/ST Act, P.S. Sushant Golf City, District Lucknow, is hereby set aside. 10. In the event of arrest, let the accused- appellant Arif Hussain @ Sonu Arya involved in F.I.R. No. 478 of 2024, under Sections 70(1),123, 318(4), 92, 115(2), 352, 351(3) B.N.S. & Section 3(1)da,dha, 3(2)(v) of SC/ST Act, P.S. - Sushant Golf City, District - Lucknow, be released forthwith in the aforesaid case crime on bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount with the following conditions:- (i) that the appellant shall make himself available for interrogation by a police officer as and when required; (ii) that the appellant 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 appellant 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 appellant. (v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 19.2.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench