High Court · 2025

1. Heard learned counsel for the applicant, Sri Dinesh Tiwari, learned A.G.A. for the State- opposite party, and learned counsel appearing for the complainant. Perused the material available on record.

2. The applicant was granted interim anticipatory bail vide order dated 07.02.2025 passed by a co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard Sri Arun Kumar Bajpai, learned counsel for the applicant, Sri Lallu Singh, learned counsel for the informant, learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Complaint Case No.6262 of 2021, under Section-313 I.P.C, Police Station-Kotwali, District- Fatehpur.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of opposite party No.2. Earlier opposite party No.2 initiated proceedings U/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, thereafter, the present complaint has been filed against the applicant with malice intention. No offence under the alleged section is made out. Trial court has issued summon. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate in trial proceedings. Applicant has definite apprehension of his arrest by the police.

4. Learned AGA as well as informant's counsel have vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

5. Learned A.G.A. and informant's counsel granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

6. List this case after six weeks.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. The applicant shall be released on interim anticipatory bail 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 before trial court on date fixed. (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 applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurize/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

3. Despite time granted, no counter affidavit has been filed by the opposite parties.

4. Learned counsel for the applicant submits that the applicant is husband of the complainant. At this stage there is no credible evidence to suggest that the miscarriage of the child was caused by the applicant. No medical report has been annexed along with the complaint. Pursuant to the order dated 07.02.2025 the applicant had furnished bail bonds before the court concerned and is appearing on the dates fixed. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

5. Learned A.G.A. and learned counsel for the complainant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that no medical report has been annexed along with the complaint; at this stage there is no substantive evidence to suggest that the miscarriage of the child was caused by the applicant; the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA as well as by counsel for the complainant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Atul Kumar, involved in Complaint Case No 6262 of 2021, under Section 313 I.P.C., Police Station Kotwali, District Fatehpur, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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.

8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 1.8.2025 SKT/- SHIVA KANT TIWARI High Court of Judicature at Allahabad

1. Heard learned counsel for the applicant, Sri Dinesh Tiwari, learned A.G.A. for the State- opposite party, and learned counsel appearing for the complainant. Perused the material available on record.

2. The applicant was granted interim anticipatory bail vide order dated 07.02.2025 passed by a co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard Sri Arun Kumar Bajpai, learned counsel for the applicant, Sri Lallu Singh, learned counsel for the informant, learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Complaint Case No.6262 of 2021, under Section-313 I.P.C, Police Station-Kotwali, District- Fatehpur.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of opposite party No.2. Earlier opposite party No.2 initiated proceedings U/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, thereafter, the present complaint has been filed against the applicant with malice intention. No offence under the alleged section is made out. Trial court has issued summon. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate in trial proceedings. Applicant has definite apprehension of his arrest by the police.

4. Learned AGA as well as informant's counsel have vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

5. Learned A.G.A. and informant's counsel granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

6. List this case after six weeks.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. The applicant shall be released on interim anticipatory bail 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 before trial court on date fixed. (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 applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurize/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

3. Despite time granted, no counter affidavit has been filed by the opposite parties.

4. Learned counsel for the applicant submits that the applicant is husband of the complainant. At this stage there is no credible evidence to suggest that the miscarriage of the child was caused by the applicant. No medical report has been annexed along with the complaint. Pursuant to the order dated 07.02.2025 the applicant had furnished bail bonds before the court concerned and is appearing on the dates fixed. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

5. Learned A.G.A. and learned counsel for the complainant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that no medical report has been annexed along with the complaint; at this stage there is no substantive evidence to suggest that the miscarriage of the child was caused by the applicant; the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA as well as by counsel for the complainant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Atul Kumar, involved in Complaint Case No 6262 of 2021, under Section 313 I.P.C., Police Station Kotwali, District Fatehpur, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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.

8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 1.8.2025 SKT/- SHIVA KANT TIWARI High Court of Judicature at Allahabad