Neutral Citation No. - 2025:AHC-LKO:45052 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 841 of 2025 Applicant :- Sonelal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ashish Shukla,Gaurav Mishra,Jainendra Singh,O.P. Tiwari Counsel for Opposite Party :- G.A.,Neeraj Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri O.P. Tiwari, learned counsel for the applicant, Sri Avishesh Kumar Singh, learned A.G.A. appearing on behalf of the State and Sri Neeraj Singh, Advocate, who has filed his vakalatnama on behalf of the opposite party no.2 is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.170 of 2022, under Sections 498-A 323, 316 I.P.C. and 3/4 of Dowry Prohibition Act, registered at Police Station Hasanganj, District Unnao. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.05.2022 against five persons, including the applicant, his wife and three sons, alleging that the informant had got married to the applicant's son - Kunwar Bahadur (co- accused) on 25.05.2021. All the accused persons used to harass her for demanding Rs.1 lakh and a motorcycle as dowry. While the informant was pregnant, all the accused persons had beaten her up, due to which she suffered miscarriage and thereafter she was turned out of her matrimonial home on 29.03.2022. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 61 years old innocent person having no criminal history and he has been falsely implicated in the present case. 5. The investigating Officer has recorded the statement of the informant, wherein she has reiterated the F.I.R version. 6. Initially, the accused persons had filed a Criminal Misc. Writ Petition No. 3236 of 2022, wherein an interim order was passed on 26.05.2022 staying their arrest. However, the writ petition has been disposed of on 25.07.2024 after a chargesheet has been submitted. 7. A copy of an Ultrasonography report dated 10.03.2022, annexed with the anticipatory bail application discloses a small gestational sack approximately five weeks and three days old seen in Endocavity, but another Ultrasonography report prepared on 20.05.2023 does not make any mention of the aforesaid. 8. In the additional statement of the informant's father, he has stated that he had administered medicine to the informant after getting the same from a medical store, but it appears that no proper treatment of the informant was got done by the informant's father. A similar statement has been given by the informant also and she has categorically stated that after the alleged incident, she had not gone anywhere (for her treatment). 9. The Investigating Officer has already submitted at Chargesheet dated 28.07.2022 and the applicant was not arrested till investigation. 10. The learned A.G.A as well as the learned counsel for the opposite party no.2 have vehemently opposed the anticipatory bail application and they have submitted that the informant has been ill treated in her matrimonial home by all the accused persons due to which she has suffered miscarriage, the offence alleged is serious and heinous and that the applicant is not entitled to be granted anticipatory bail. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that that the FIR does not make any mention of the date of the alleged miscarriage; the informant is said to have been turned out of her matrimonial home on 29.03.2022, but an F.I.R has been lodged on 19.05.2022; besides mere absence of pregnancy in the Ultrasonography report dated 20.05.2022, there is no other medical evidence to support the allegation of beating and forcibly causing miscarriage; and that the applicant is a 61 years old person having no criminal history and he was not arrested till investigation and the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 12. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sonelal before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 4.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench