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Neutral Citation No. - 2025:AHC:72592 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1598 of 2025 Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, 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 No.1902 of 2016, Case Crime No. 57 of 2007, under Sections 363, 366 I.P.C., Police Station- Hazratpur, District- Budaun, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. At the time of alleged incident the victim was major. The applicant had married the victim and both are living together happily, having six children. During the pendency of investigation, the applicant was granted protection till submission of police report by this Court in Criminal Misc. Writ Petition No.7695 of 2007. No offence is made out against the applicant. Investigation has been completed. Charge- sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he 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 applicant, considering the nature of accusations, antecedents of the applicant, and the fact that applicant had married the victim, during the pendency of investigation, the applicant was granted protection till submission of police report by this Court, at this
stage there is no substantive evidence against the applicant, 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Ompal, 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 himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 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 :- 6.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad