Neutral Citation No. - 2025:AHC-LKO:44557 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 842 of 2025 Applicant :- Sanjay Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Pramod Singh,Mukesh Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Brajendra Pratap Singh, learned counsel for the victim, along with the application for taking the victim’s affidavit on record, is taken on record. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No. 123/2020, U/S- 323, 504, 452, 354Kha, 506 I.P.C., Police Station - Udaipur, District - Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the victim. In the prosecution case, it is alleged that on 07.06.2020 at around 5:00 p.m., while the complainant was walking towards the road, the accused persons approached him from behind on a motorcycle, ran over his feet, and assaulted him. Upon hearing the commotion, the complainant's wife, Neelam, arrived to rescue his husband, but, was also assaulted. It is further alleged that when she retreated into the house, the accused followed her inside, tore her blouse, and molested her. Learned counsel for the applicant submits that the incident allegedly occurred on 07.06.2020, however, the FIR was lodged on 11.06.2020 with no explanation for the delay. It is submitted that the applicant was in Mumbai at the time and was not present at the place of occurrence. He has been falsely implicated, and the victim’s statement under Section 164 Cr.P.C. has not been recorded. The applicant has no criminal antecedents. The applicant undertakes to cooperate in the trial proceedings. Shri Brajendra Pratap Singh, learned counsel for the victim, has filed an affidavit wherein, in paragraph 3, it is stated that the applicant was not present at the place of occurrence and did not take part in the alleged incident. Learned A.G.A. has opposed the anticipatory bail application. On due consideration of paragraph 3 of the victim’s affidavit, the absence of any criminal antecedents against the applicant, and the undertaking given on his behalf to cooperate in the trial, this Court is of the considered view that the applicant is entitled to anticipatory bail. This view is supported by the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to the applicant’s continued cooperation in the trial proceedings. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 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. In view of the aforesaid, the application is allowed. Order Date :- 31.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench