Neutral Citation No. - 2025:AHC:88598 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4071 of 2025 Applicant :- Ashiq Alias Asif Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Swayamanand Sisodiya, Advocate has filed vakalatnama on behalf of the informant. The said is taken on record. 2. Heard counsel for the applicant, Sri Swayamanand Sisodiya, learned counsel for the informant, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Session in Case Crime No.257 of 2023, under sections 498-A, 323, 307, 504, 506, 354 I.P.C. and Section 3/4 D.P. Act, Police Station- Hapur Nagar, District- Hapur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the husband of the informant / victim. The victim had left her matrimonial house on 31.12.2022. The first information report was lodged on 13.04.2023. The delay is fatal to the prosecution case. In the alleged incident, the victim has not received any injury. No medical report is available in the case diary. During the course of investigation, the applicant was granted protection till cognizance is taken on the police report, by this Court vide order dated 23.05.2024 passed in Criminal Misc. Writ Petition No. 9148 of 2023 (Ashik @ Asif Khan and 6 others vs. State of U.P. and 2 others). 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. 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 the victim had left her matrimonial house on 31.12.2022. The first information report was lodged on 13.04.2023. No injury report is available in the case diary. During the course of investigation, the applicant was granted protection till cognizance is taken on the police report, by this Court vide order dated 23.05.2024 passed in Criminal Misc. Writ Petition No. 9148 of 2023 (Ashik @ Asif Khan and 6 others vs. State of U.P. and 2 others), 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. 7. In the event of arrest, the applicant Ashiq Alias Asif, 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 23.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad