HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2422 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. 2. None present on behalf of the applicant to press the application nor any slip for pass over or adjournment of the case has been sent. 3. The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 24.10.2024: "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 162 of 2019, under sections 323,313,511 of the IPC, Police Station-Manpur, District-Sitapur. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He submits that the main role is assigned to one Rakesh, who had allegedly, beaten the victim over her abdomen and there is no specific role assigned to the present applicant. He added that the statement of the doctor is also evident that there was no harm to the fetus of the victim in her womb. He added that the pregnancy was successful as the alleged victim successfully gave birth of a male child. He further added that the applicant has been named due to anonymity and the victim is deaf and dumb and no specific role could be assigned by her to the present applicant. He submits that there is apprehension that the police will arrest the applicant and therefore, submission is that the applicant may be enlarged on anticipatory Versus Counsel for Applicant(s) : Himanshu Shukla, Shyam Bahadur Singh Counsel for Opposite Party(s): G.A. Mulayam @ Udyavir Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief. Considering the submissions of learned counsels for the parties and after perusal of material placed on record, it transpires that no specific role is assigned to the present applicant and thus, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Mulayam @ Udyavir Singh, shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself 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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the week commencing 11.11.2024, as fresh. ABAIL No. 2422 of 2024 2 In the meantime, learned counsel for the State as well as opposite party no. 2 shall file the counter affidavit." 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet. 5. The learned A.G.A. could not point out any misuse of interim anticipatory bail granted to the applicant. The investigation already stands concluded. 6. No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench. 7. In view of above, the interim order dated 24.10.2024 is made absolute and the anticipatory bail application is allowed. September 17, 2025 Ram. ABAIL No. 2422 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench