Neutral Citation No. - 2025:AHC:133545 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6356 of 2025 Applicant :- Shubham Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Rohan Gupta, Advocate has filed Vakalatnama on behalf of the opposite party no.2-informant. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Rohan Gupta, counsel for the opposite party no.2 as well as Sri Anupam Anand, learned brief holder for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 85 of 2025, under Sections 498A, 323, 313, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Modinagar, District Ghaziabad. 4. Learned counsel for the applicant submits that the applicant is the husband of the victim and has been falsely implicated in the present case. The incident is alleged to have occurred in the month of May-June, 2024. The first information report was lodged on 07.02.2025. The delay is fatal to the prosecution case. As per the statement of the doctor, the victim was examined on 05.06.2024, the injuries received by the victim were found simple in nature and were 4 to 5 days old. It is next contended that as per the ultrasound report (Annexure-3 to the bail application) dated 25.05.2024, 'a small well define Gestational sac approx 08 weeks 00 days seen in endometrial cavity'. As per report dated 25.03.2025 (Annexure- SA-1 to the supplementary affidavit) of the Chief Medical Superintendent, District Women Hospital, Ghaziabad, the medical certificate dated 08.06.2024 of the District Women Hospital, Ghaziabad has not been issued. In such circumstances, it is contended that the medical certificate dated 08.06.2024 is a forged document. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned brief holder for the State and the counsel for the informant-opposite party no.2 have opposed the prayer for anticipatory bail. Counsel for the State submits that the medical certificate dated 08.06.2025 has not been issued by the said hospital. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the FIR was lodged belatedly; as per the statement of the doctor, the injuries received by the victim were found simple in nature; as per the ultrasound report dated 25.05.2024 'a small well define Gestational sac approx 08 weeks 00 days seen in endometrial cavity'; as per the report dated 25.03.2025 of the Chief Medical Superintendent, District Women Hospital, Ghaziabad, the medical certificate dated 08.06.2024 of the District Women Hospital, Ghaziabad has not been issued; 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. 8. In the event of arrest, the applicant- Shubham Kaushik be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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. 9. 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. 10. 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. 11. 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. 12. The application stands disposed of. Order Date :- 7.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad