Neutral Citation No. - 2025:AHC:131838 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4232 of 2025 Applicant :- Arbaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrita Kashyap Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Photocopy of bail order dated 4.9.2024 of co-accused Anwar, produced by counsel for the applicant, is taken on record. 2. Supplementary affidavit, filed by the counsel for the applicant, is also taken on record. 3. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 4. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.711 of 2023, under sections 363, 366, 120-B I.P.C., P.S. Kasya, District Kushinagar. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim had married the co-accused Anwar on 6.8.2023. A matrimonial dispute between the co-accused Anwar and the victim has been given colour of a criminal case. The applicant is brother-in-law of the victim. The co-accused Anwar has been granted bail by the Additional Sessions Judge, Court No.1, Kushinagar at Padrauna vide order dated 4.9.2024 passed in First Bail Application No. 1913 of 2024 (Anwar vs. State of U.P.). The case of the applicant is on better footing that that of co-accused Anwar. It is next contended that as per the statement of the victim under Section 164 Cr.P.C. she was abducted by the applicant and co-accused Anwar. She was taken to Surat and at Surat, she stayed for almost 20 days. It is contended that the victim was present at public places but she did not raise any alarm or protest. This shows that she was a consenting party. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 6. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, the co-accused Anwar has been granted bail by the Additional Sessions Judge, Court No.1, Kushinagar at Padrauna, 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. 9. In the event of arrest, the applicant Arbaz be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., 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 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. 10. 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. 11. 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. 12. 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. 13. The application stands disposed of. Order Date :- 5.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad