Neutral Citation No. - 2025:AHC-LKO:15027 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2649 of 2024 Applicant :- Shubham Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Prem Chandra Chauhan,Shambhu Shanker Counsel for Opposite Party :- G.A.,Prashant Shukla Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by learned AGA is taken on record. As per the office report, notice was issued that has been served upon the complainant. However, neither the complainant nor his counsel is present. In these circumstances, the Court is proceeding to hear this matter. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No. 116 of 2023, under Sections 498-A, 406, 377, 504, 506 of IPC and Section 3/4 of the D.P. Act at Police Station Mahila Thana, District Lucknow. From perusal of the order sheet, it appears that on 02.12.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard Sri P.C. Chauhan, learned counsel for the applicant and Sri Aniruddh Kumar Singh, learned AGA for the State. Issue notice to the opposite party no. 2, returnable at an early date. Steps be taken within a week. Office is directed to proceed accordingly. As per the learned counsel for the applicant the present applicant is apprehending his arrest in Case Crime No. 116 of 2023, under Sections 498-A, 406, 377, 504, 506 of IPC and Section 3/4 of the D.P. Act at Police Station Mahila Thana, District Lucknow. The impugned First Information Report has been lodged on account of matrimonial dispute between the husband and wife, the applicant and opposite party no. 2 respectively and the applicant is willing to settle the dispute amicably through mediation and conciliation center. So as to know the willingness of the opposite party no. 2, wife of the present applicant, as to whether she is agreeable to settle the dispute through mediation and conciliation center, the next date is fixed for her personal appearance and on the next date, the applicant shall also appear in person. List this case on 17.12.2024. On that date, the applicant and the opposite party no. 2 shall appear in person. The Station House Officer, P.S. Mahila Thana District Lucknow shall ensure the presence of the opposite party no. 2 on the next date fixed. The learned AGA shall intimate this order to the Station House Officer concerned for its compliance. Till the next date of listing no coercive steps shall be taken against the present applicant." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Shubham Bahadur Singh 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/ her 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 order. Order Date :- 11.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench