HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8402 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Lavlesh Kumar Sharma, learned counsel for the applicants, Shri O.P. Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 238 of 2024, under Sections 340(2), 336(3), 338(4) of B.N.S., Police Station Cantt., District Prayagraj, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that as per first information report, the applicants are said to have filed certificate of marriage issued by the Arya Samaj Krishna Nagar, Prayagraj, which was found to be forged. It is further submitted that no offence under the alleged sections are made out against the applicants as the marriage certificate alleged to be a forged is not a 'Valuable Security' as per Section 2(31) of B.N.S. It is further submitted that in the similar matter, the Co-ordinate Bench of this Court has granted anticipatory bail vide order dated 16.07.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.5419 of 2025 (Smt. Ruby Saini and another Vs. State of U.P.). It is further submitted that the applicants are having no criminal history. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate Versus Counsel for Applicant(s) : Dharmendra Kumar Patel, Lavlesh Kumar Sharma Counsel for Opposite Party(s) : G.A. Smt. Anshu And Another .....Applicant(s) State of U.P. .....Opposite Party(s) with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. As per first information report, the applicant nos.1 and 2 are major as they are married to each other and they have used forged marriage certificate issued by the Arya Samaj Krishna Nagar, Prayagraj. It is further submitted that the marriage certificate alleged to be a forged is not a 'Valuable Security' as per Section 2(31) of B.N.S. It is further submitted that in the similar matter, the Co-ordinate Bench of this Court has granted anticipatory bail vide order dated 16.07.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.5419 of 2025 (Smt. Ruby Saini and another Vs. State of U.P.). It is further submitted that the applicants are having no criminal history. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicants - Smt. Anshu and Sankit involved in the aforesaid case crime shall be released on anticipatory bail on their 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; NABAIL No. 8402 of 2025 2 (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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 29, 2025 RKM NABAIL No. 8402 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad