Court No. - 49 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4304 of 2025 Applicant :- Jahir Ahamad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. This anticipatory bail application (under section 482 BNSS) has been moved seeking bail in Case Crime No. 21 of 2025, under sections 85, 115(2), 351(3), 74 BNS and 3/4 of D.P. Act, Police Station Khajini, District- Gorakhpur, during the pendency of investigation. Learned counsel for the applicants submits that the applicant no.1 is father-in-law and applicant no.2 is mother-in-law of the opposite party no.2 and they have been falsely implicated in the present case on vague and general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh and Kahkashan Kausar @ Sonam & Ors. vs. State of Bihar & Ors. reported in 2022 LiveLaw (SC) 141. Applicants have no criminal history. The applicants have apprehension of their arrest in the above mentioned case. In case, applicants are released on anticipatory bail, they will not misuse the said liberty. Learned AGA has opposed the prayer for bail, but could not dispute the said facts. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants Jahir Ahamad & Kismatun Nisha involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50, 000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- (1) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (2) The applicants 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 them from disclosing such facts to the Court or to any police officer; and (3) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (4) The applicants shall surrender his passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (5) The applicants shall file an undertaking to the effect that the s shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant. (6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. (7) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against his in accordance with law. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. With the aforesaid observations/ directions, the application stands disposed of. Order Date :- 10.6.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad