Neutral Citation No. - 2025:AHC-LKO:20927 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 398 of 2025 Applicant :- Sageer Ahmad Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. 2. Power filed on behalf of complainant by Mr. Shiv Pal Singh, Advocate and Mr. Mohd. Rafiuzzaman Khan (Zama), Advocate is taken on record. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 417 of 2023 under Sections 498A, 323, 313, 504, 506 IPC, under Section 3/4 D.P. Act and Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019 Police Station Reusa, District Sitapur. 4. As per contents of First Information Report, applicant is the husband of complainant and is said to have assaulted the informant due to dowry demand leading to termination of pregnancy. 5. It has been submitted that applicant has been falsely implicated in the charges levelled against him only on account of matrimonial dispute it is evident from the fact that the FIR has been lodged quite belatedly without any explanation for same. It is submitted that even otherwise there is no medical report corroborating the allegations levelled against applicant. It is submitted that applicant was earlier granted protection in Criminal Misc. Writ Petition No. 8389 of 2023 whereafter he participated in the course of investigation whereafter charge- sheet has been filed. It is submitted that applicant does not have any previous criminal history. 6. Learned AGA as well as learned counsel opposite party- complainant have opposed anticipatory bail application with the submission that the contents of FIR clearly indicate the sections imputed against applicant. It is submitted that the prescription of the primary health center also corroborates the allegations levelled in the FIR. It is, however, admitted that efforts at mediation between the parties have failed and the applicant does not have any previous criminal history. Learned AGA on the basis of instruction submits that applicant participated in the course of investigation 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that there is certain delay in lodging of the FIR which has not been explained. At this stage, there does not appear to be any medical evidence corroborating allegations levelled in the FIR. It is admitted that applicant does not have any previous criminal history and has co-operated during the course of investigation whereafter charge-sheet has been submitted. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 8. In view of the above, it is provided that in the event of arrest, the applicant Sageer Ahmad shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10.The application stands disposed of. Order Date :- 15.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench