Neutral Citation No. - 2025:AHC:28452 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1134 of 2025 Applicant :- Anwar Ali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Husain Khan,Lakshya Jauhari,Pervez Husain Khan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned AGA for the State and perused the material placed on record. 2. This anticipatory bail application has been moved seeking bail in Case Crime No. 241 of 2024, under Sections 352, 351(3) BNS and Section 3/4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Tindwari, District- Banda, till the conclusion of trial. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Applicant no. 1 is husband and applicant no. 2 is father-in-law of the informant. It is a matrimonial dispute. He next submitted that total five cases are pending between the parties. Instant first information report has been lodged with malicious intention only to harass the applicants. Investigation is going on. Lastly, it is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned AGA opposed the prayer for anticipatory bail of the applicants with the contention that the applicants are not entitled for anticipatory bail as, prima facie, case is made out. The apprehension of the applicants are not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted. 5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicants are entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 6. Let the applicants- Anwar Ali and Asgar Ali, who are involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 193(3) (i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. 7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 9. The application stands allowed. Order Date :- 28.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad