HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2150 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. As per the office report, the notice to the complainant is served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 29 of 2023, under sections 376(1) I.P.C., P.S. Khodarey, district Gonda. This Court vide order dated 19.9.2024 has passed the following order granting interim anticipatory bail to the applicant:- "1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.29 of 2023 under sections 376(1) I.P.C., P.S. Khodarey, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the dispute between the victim and the applicant is matrimonial in nature. Both have married on 8.11.2022 which is evident from the summoning order of the trial court which is on record. An application under section 156(3) CrPC was given which was treated as a complaint case after final report was filed by the police. The date of birth certificate given by the victim has been found to be false by the trial court in its summoning order (para 18). Versus Counsel for Applicant(s) : Alok Srivastava Counsel for Opposite Party(s) : G.A. Anwar Hasan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And 2 Others .....Opposite Party(s) At the time of incident, she was major. Radiological age of the victim is 19 to 20 years. The victim has also lodged a first information report No.238 of 2023 under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Khodarey, district Gonda. It is submitted that there is no corroborative evidence in support of the persecution case. The applicant has no previous criminal antecedent. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 5.Issue notice to respondent No.2. 6.List on 17.10.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit. 7.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the undertaking given on behalf of the applicant that he will cooperate in the trial, prima facie it appears that the victim is legally wedded wife of the applicant, lack of corroborative evidence, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C. 8.In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 days from today. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. 9.The applicant shall cooperate in the trial and he will not influence the witnesses. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the court concerned. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to further cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. ABAIL No. 2150 of 2024 2 Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will further cooperate in the trial, the interim protection granted by this Court vide order dated 19.9.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. September 1, 2025 Shravan ABAIL No. 2150 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench