Neutral Citation No. - 2025:AHC:130036 Court No. - 83 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4301 of 2024 Applicant :- Prafull Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajal Krishna Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application under section 438 Cr.P.C. for anticipatory bail has been filed by applicant - Prafull Srivastava in connection with Case Crime No.0170 of 2023, under Sections 323, 504, 506 IPC and Section 3(1)Da, 3(1)Dha & 3(2)5 SC/ST Act, Police Station Kotwali, District Azamgarh. 3. It was alleged in the F.I.R. that the named accused Vipul Srivastava, on the false pretext of marriage, developed physical relations with the minor prosecutrix and she developed pregnancy also which was terminated by the said accused and the victim was harassed mentally and physically by him and when he did not marry with the victim and she insisted for that, both the named accused persons hurled abuses to her by caste related remarks and left her. After lodging of the F.I.R., investigation started and after conclusion of investigation, charge-sheet was submitted in the matter. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. It is further submitted that after collecting the evidence and concluding the investigation, the I.O. of this case has submitted charge-sheet in this matter wherein the allegations relating to sexual offence were found against the main accused Vipul Srivastava whereas charge- sheet only under sections 323, 504, 506 IPC and Section 3(1)Da, 3(1)Dha & 3(2)5 SC/ST Act was submitted against the present applicant. Even in the F.I.R. as well as in the statements recorded under sections 161 & 164 Cr.P.C. the victim of this case has not made any allegation of sexual offence against the present applicant. It is further submitted that during the course of investigation, the applicant has been cooperative to the Investigating officer. He has not been declared as proclaimed offender by the court. No custodial interrogation is required in the matter. In case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail 5. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 6. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall make himself available before the court concerned on the date fixed in the matter; (ii) 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; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned. 9. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 1.8.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad