HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 785 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.The applicant has moved the present application praying for grant of anticipatory bail in Case Crime/ FIR No.407 of 2021, under Section 376, 452, 506 of IPC, Police Station- Shivgarh, District- Raebareli. 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. 3.This Court while giving interim protection has passed the following order on 22.7.2025: "1. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant and Sri Arun Verma, learned Additional Government Advocate for the State. 2. Learned counsel for the applicant has filed impleadment application, the same is taken on record. Office is directed to allot application number. 3. The application is allowed. 4. Let Smt. Shanti Devi, with her complete details be impleaded as opposite party no. 2 during the course of the day. 5. Issue notice to opposite party no.2 returnable at an early date, for which, necessary steps be taken within a week. 6. Office to proceed accordingly. Versus Counsel for Applicant(s) : Dhirendra Pratap Singh Counsel for Opposite Party(s) : G.A. Mo. Jabir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. As per learned counsel for the applicant, the present applicant, Mo. Jabir is apprehending her arrest in Case Crime/ FIR No.407 of 2021, under Section 376, 452, 506 of IPC, Police Station- Shivgarh, District- Raebareli. 8. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged in the First Information Report (in short F.I.R.). 9. Attention has been drawn towards the impugned First Information Report, wherein, the date of incident is 10.10.2021. However, the First Information Report has been lodged on 23.12.2021 after about two and half months, without explaining the delay. The applicant is unable to understand as to why he has been implicated by the prosecutrix. Further attention has been drawn towards the order dated 07.02.2022 passed by the Division Bench of this court, whereby the present applicant has been granted arrest stay till filing of police report. Further the chargesheet has been filed on 06.04.2022 and the aforesaid petition has been dismissed as infructuous on 06.05.2024. Learned counsel for the petitioner has stated that after filing the aforesaid chargesheet, no notice has been served to the petitioner. However, he came to know recently when some Police officials approached him on his residence. The applicant undertakes that he shall cooperate in the trial proceedings and shall not miss use the liberty of interim anticipatory bail order. The present applicant is having no prior criminal history of any kind whatsoever. He is having his permanent address, therefore, there is no flight risk, so he may be granted interim anticipatory bail till conclusion of trial in the light of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98. 10. Learned Additional Government Advocate has opposed the aforesaid prayer by submitting that he may be given some short time to file counter affidavit. 11. Matter requires consideration. 12. Let counter affidavit be filed within a period of four weeks. 13. Rejoinder affidavit be filed within a period of two weeks thereafter. 14. List in the week commencing 22.09.2025, within top ten cases. 15 . Till the next date of listing, it is directed that in the event of arrest, applicant (Mo. Jabir) shall be released on interim 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:- ABAIL No. 785 of 2025 2 I. 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; II. that the applicant shall not leave India without the previous permission of the court; III. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; IV. that the applicant shall not pressurize/ intimidate the prosecution witness. " 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, 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. September 22, 2025 dk/ ABAIL No. 785 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench