Neutral Citation No. - 2025:AHC-LKO:4795 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2522 of 2024 Applicant :- Seraj Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Gauri Suwan Pandey,Wali Nawaz Khan Counsel for Opposite Party :- G.A.,Ajay Kumar Pandey,Prashant Shukla Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused/applicant on anticipatory bail in Case Crime No.13 of 2024 under Section 498A, 313, 323, 504, 506, 377 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Indira Nagar, District Lucknow. From perusal of the order sheet, it appears that on 12.11.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "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. 13 of 2024, under sections 498- A,313,323,504,506,377 of the I.P.C. and section 3/4 of the Dowry Prohibition Act,Police Station-Indira Nagar, District-Lucknow. Contention of learned counsel for the applicant is that the applicant is a medical practitioner and his marriage was solemnized on 19- 01-2022 and thereafter, the matrimonial dispute arose and due to anonymity, the first information report has been lodged and the applicant is implicated. He added that infact, there is no truthfulness with respect to termination of pregnancy as there is no medical report and for giving gravity to the charges/allegations, the aforesaid facts have been transcribed/narrated in the first information report. Adding his arguments, he submits that the applicant is suffering hard for his no fault and he undertakes that he will always cooperate with the investigation proceedings. He also submits that since there is an apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory 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 aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Seraj Ahmad, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a 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 them 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 applicants 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 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 16.12.2024, as fresh. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." From the perusal of the counter affidavit filed by the State, there seems to be no adversarial fact and the detailed discussions on merit is done in the order dated 12.11.2024. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant, namely, Seraj Ahmad till disposal of the trial subject to 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 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. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Order Date :- 24.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench