Neutral Citation No. - 2025:AHC:69205 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1470 of 2025 Applicant :- Shamsher And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A.,Rizwan Ahmad Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Rizwan Ahmad, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 83 of 2023, under Sections 498A, 420, 120B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Dilari, District- Moradabad, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. A matrimonial dispute exists between the co-accused Mohd. Suleman and the informant/victim. The applicants have no concern with the alleged incident dated 02.06.2022. The applicants were not present at the time of solemnization of alleged second marriage of co-accused Mohd. Suleman. At this stage, there is no credible evidence to establish that the informant was subjected to cruelty by the applicants. During the course of investigation, the applicants were granted benefit of Section 41-A Cr.P.C. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants, and the fact that a matrimonial dispute exists between the co-accused Mohd. Suleman and the informant/victim; at this stage, there is no credible evidence to establish that the informant was subjected to cruelty by the applicants; during the course of investigation, the applicants were granted benefit of Section 41-A Cr.P.C.; charge sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Shamsher and Jaheer Ahmad @ Jaheer Uddin, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 themselves available on each date fixed in the matter by the court concerned; (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; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passports the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 1.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad