Neutral Citation No. - 2025:AHC:51431 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2716 of 2025 Applicant :- Rabiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ehtesham Afsar Khan 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. 1389 of 2024 arising out of Case Crime No. 406 of 2023, under sections 313, 323, 504, 506 of I.P.C., Police Station- Baradari, District- Bareilly. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The informant/victim and the co-accused, Kashif Khan were in consensual relationship. Thereafter, with the consent of the applicant, the co-accused, Kashif Khan married the informant/victim. At this stage, there is no credible evidence to establish that the applicant had caused the miscarriage. The co-accused, Kashif Khan has been granted anticipatory bail by this Court vide order dated 27.01.2025 passed in Criminal Misc. Anticipatory Bail Application No. 164 of 2025 (Kashif Khan vs. State of U.P.). Further, during the course of investigation, the applicant was granted protection by this Court till submission of Police report vide order dated 01.05.2024 passed in Criminal Misc. Writ Petition No. 14492 of 2023 (Kashif Khan and another vs. State of U.P. and 2 others). Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant is a lady and has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, she 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 learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that at this stage, there is no credible evidence to establish that the applicant caused the miscarriage, the fact that the co-accused, Kashif Khan has been granted anticipatory bail by this Court, the fact that during the course of investigation, the applicant was granted protection by this Court, 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 Rabiya, 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 herself 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 she has passport the same shall be deposited by her 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 :- 9.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad