Neutral Citation No. - 2025:AHC:128083 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6086 of 2025 Applicant :- Raoof Alias Rauf Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jalaj Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Dinesh Tiwari, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session Trial No. 166 of 2008 arising out of Case Crime No. 861 of 2003 under Sections 363, 366, 504, 506, 368, 120B I.P.C., Police Station- Kotwali, District- Hamirpur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant had married the victim and was blessed with four children. The charge-sheet against the other co-accused namely Raees, Smt Nafisa @ Bitta, Saheed @ Pappu, Latif and Smt Rahesha were submitted. Charges were framed and the trial commenced. They were acquitted by the Special Judge (Dacoity Affected Area), Hamirpur vide order dated 31.03.2011 passed in Sessions Trial No. 166 of 2008 (Government vs. Raees and four others). It is next contended that pursuant to the order dated 13.04.2012 passed by this Court in Application under Section 482 No. 12586 of 20212 (Rauf vs. State of U.P. and others), the statement of the victim was recorded by the Chief Judicial Magistrate, Hamirpur. In the said statement, the victim stated that she is aged 30 years and wanted to live with the applicant. Thereafter, the proceedings of the court concerned remained pending. On 14.11.2024 summons were again issued by the concerned court. Investigation has been completed. Charge- sheet has been filed. 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. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. 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 other co-accused were acquitted by the Special Judge (Dacoity Affected Area), Hamirpur, the fact that the victim in her statement under Section 164 Cr.P.C. stated that she is aged 30 years and wanted to live with the applicant, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed 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. 6. In the event of arrest, the applicant Raoof Alias Rauf, 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. 7. 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 :- 31.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad