Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115386 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5419 of 2025 Applicant :- Smt. Ruby Saini And Another Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Kumar,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants and Sri Anupam Anand, learned Brief Holder for the State- opposite party, and perused the material placed on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 235 of 2024, under Sections 340(2), 336(3), 338, 318(4) B.N.S., Police Station Cantt., District Prayagraj.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants are major. The applicant no. 1 married the applicant no. 2 on
02.08.2024. The certificate of marriage was duly issued by Arya Samaj Krishna Nagar, Prayagraj. The marriage certificate alleged to be forged is not a 'Valuable Security' as per Section 2(31) of B.N.S. At this stage there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on. The applicants are ready to cooperate in the investigation. The applicants have apprehension of their arrest in the above mentioned case.
4. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid
submissions from the record.
5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants, and, in particular, the fact that both the applicants are major; the marriage certificate alleged to be forged is not a 'Valuable Security' as per Section 2(31) of B.N.S.; and, at this stage there is no substantive evidence to link the applicants with the offence, without commenting on
merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicants- Smt. Ruby Saini and Raju Saini, 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 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; (ii) 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; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court; (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court; (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court; and, (vi) 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 of Cr.P.C.
7. Further, 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 :- 16.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad