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Neutral Citation No. - 2025:AHC:75383 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3634 of 2025 Applicant :- Navneet Rathore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A.,Jitendra Pal Singh Jadaun,Sanjay Kumar Dubey Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, Sri Jitendra Pal Singh Jadaun, counsel for the informant-opposite party no.2 as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 381 of 2024, under Sections 498-A, 323, 506, 307 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Hathras Kotwali, District Hathras. 4. Learned counsel for the applicant submits that the applicant is the husband of the informant and has been falsely implicated in the instant case. The incident of attempt to murder was alleged to have occurred on 10.03.2024. The victim was examined by the doctor on 13.03.2024. The first information report was lodged on
28.12.2024. As per the medical report no external injury was found. There was pain and swelling on the neck. The first information report was lodged on 28.12.2024. The delay is fatal to the prosecution case. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the FIR was lodged belatedly, as per the medical report no external injury was found, there was pain and swelling on the neck, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged
on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Navneet Rathore be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
12. The application stands disposed of.
Order Date :- 9.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad