Neutral Citation No. - 2025:AHC:45579 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2143 of 2025 Applicant :- Shams Tabrez Ali Alias Danish Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad,Saqib Meezan Counsel for Opposite Party :- Arun Kumar Sharma,G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and Sri Arun Kumar Sharma, counsel for the informant. Perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.759 of 2022, under sections 498-A, 323, 504, 506, 316 I.P.C., and 3/4 D.P. Act, P.S. Kotwali Nagar, District Etah. 3. Counsel for the applicant submits that the applicant is the husband of the informant and has been falsely implicated in the present case. As per the medical certificate issued by the doctor, the informant delivered a dead premature female child at 10.30 p.m. on 27.4.021. The medical report does not bear that the informant suffered any injury. The applicant filed an application for restitution of conjugal rights in the Court of Principal Judge, Family Court on 15.9.2021. Pursuant thereto, the instant prosecution has been instituted. At the time of alleged incident, the informant/victim was staying at her parental house. With regard to the incident dated 2.10.2022, also no medical report is available on the case diary. Further during the course of investigation the applicant was granted protection vide order dated 30.5.2023 passed in Criminal Misc. Writ Petition No. 8282 of 2023 (Shams Tabrez Ali and 2 others vs. State of U.P. and 3 others). The investigation has been completed. The applicant had cooperated in the investigation. 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 released on anticipatory bail, he will not misuse the said liberty. 4. Learned AGA for the State and learned counsel for the informant have 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 learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical certificate issued by the doctor, the informant delivered a dead premature female child at 10.30 p.m. on 27.4.021, the medical report does not bear that the informant suffered any injury, the fact that at the time of alleged incident, the informant/victim was staying at her parental house, with regard to the incident dated 2.10.2022, also no medical report is available on the case diary, the fact that during the course of investigation the applicant was granted protection by this court, the fact that 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- Shams Tabrez Ali @ Danish, 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 and every 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 :- 2.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad