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2025 DAILYLAW 127949 (ALL)

ANOOP SINGH v. STATE OF U.P. THRU. SECY. HOME LKO AND ANOTHER

ABAIL/350/2025 · 2025-07-11

Karunesh Singh Pawar

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:39674 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 350 of 2025 Applicant :- Anoop Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko And Another Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.,Prabhat Kumar Mishra Hon'ble Karunesh Singh Pawar,J. 1.The applicant has moved the present application praying for grant of anticipatory bail in case crime No.20 of 2014 under sections 498-A, 506 I.P.C., 3/4 D.P. Act, P.S. Mahila Thana, district Amethi. 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. None appears for the complainant/respondent No.2. 3.This Court while giving interim protection has passed the following order on 1.5.2025 : "Heard learned counsel for applicant and learned A.G.A. for State-opposite party No.1 Issue notice to opposite party No.2 As per contents of F.I.R., allegations levelled against the applicant is of harassing the daughter of informant on the ground of dowry. The applicant is said to be husband of the said victim. It has been submitted that earlier charge sheet which was filed was challenged in writ petition under Section 482 Cr.P.C. bearing No. 6329 of 2015 in which interim protection was granted vide order dated 22nd December, 2015 whereafter the said petition was disposed of vide order dated 30th July, 2024 granting liberty to applicant to apply for bail which was to be considered in the light of judgment rendered by Supreme Court in the case of Satendra Kumar Antil versus Central Bureau of Investigation, S.L.P. (Crl.)No. 5191 of 2021. It is submitted that aforesaid liberty does not indicate that anticipatory bail application can not be preferred by the applicant or that he has to apply for regular bail. Learned counsel has drawn attention to the initial order dated 22nd December, 2015 to submit that dispute between the parties is matrimonial and trivial in nature without any report supporting or corroborating allegations levelled. It is submitted that applicant does not have any previous criminal history and has cooperated during course of investigation and is also ready and willing to cooperate during course of investigation. Learned A.G.A. has opposed bail application with submission that allegations levelled in the F.I.R. clearly indicate harassment of the victim at the instance of applicant who is her husband. However it is admitted that trial proceedings were stayed by this Court and resumed only after disposal of application under Section 482 Cr.P.C. It is also admitted that the applicant does not have any previous criminal history. Upon consideration of submissions advanced by learned counsel for parties and in view of interim protection granted vide order dated 22nd December, 2015, this Court finds it to be a fit case of interim anticipatory bail. Let the accused-applicant Anoop Singh as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List this case on 16th May, 2025 as fresh along with service report. Objections may be filed in the meantime." 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, the dispute being matrimonial in nature, the peculiar facts of this case, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly. Order Date :- 11.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench