HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6838 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State- opposite party, and Sri Vishal Pandey, learned counsel for the informant, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 4 of 2021, under Sections 498A, 377, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Kushinagar. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 29.11.2019. The first information report was lodged on 20.02.2021. The delay is fatal to the prosecution case. It is contended that the informant was never subjected to cruelty by the applicant. During the course of investigation the applicant was granted anticipatory bail till the submission of police report, by the In-charge Sessions Judge, Kushinagar vide order dated 17.03.2021 passed in Anticipatory Bail Application No. 381 of 2021, Rajnish Kumar v. State of U.P. At this stage there is no credible evidence to link the applicant with the offence. The investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant is a Constable in the police department. The applicant came to know about the pendency of the present proceedings only in the month of June, 2025 when the court concerned issued non-bailable warrant against him. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the Versus Counsel for Applicant(s) : Santosh Kumar Mishra Counsel for Opposite Party(s) : G.A. Rajnish .....Applicant(s) State of U.P. and Another .....Opposite Party(s) above mentioned case. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and learned counsel for the informant 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 applicant and, in particular, the facts that the first information report has been lodged belatedly; during the course of investigation the applicant was granted anticipatory bail till the submission of police report; at this stage there is no substantive evidence to link the applicant with the offence; the applicant had cooperated in the investigation 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- Rajnish, 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 and every 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. 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. September 9, 2025 SKT/- NABAIL No. 6838 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad