High Court · 2025

2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State, Sri Anil Kumar Pandey, counsel for the informant and perused the material placed on record.

3. This application has been filed seeking anticipatory bail in Case Crime No. 175 of 2024, under sections 498A, 323, 307, 313, 354B, 504, 506 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, P.S. New Agra, District Agra.

4. The applicant was granted interim anticipatory bail vide order dated 23.06.2025 by the co-ordinate Bench of this Court. The order is quoted herein below;- "Sri Anil Kumar Pandey, Advocate appears on behalf of respondent no. 2. He prays for and is allowed three week's time to file counter affidavit. Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicants involved in the aforesaid crime be released on interim anticipatory bail till the next date fixed on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of interim bail and pass orders in accordance with law. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuses the liberty of interim bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the Court on the date fixed in such proclamation then the trial court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant 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 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of interim bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of interim bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Put up this case as a fresh case on 22.07.2025. In the meantime, learned A.G.A may also file counter affidavit. In failure to comply this order, the interim anticipatory bail granted to the applicant shall stand cancelled and he shall be taken into custody forthwith."

5. Learned counsel for the applicant submits that pursuant to the interim order dated 23.06.2025, the applicant has furnished bail bonds. It is next contended that the applicant has been falsely implicated in the present case. The informant-victim is the wife of the applicant. The first information report was lodged belatedly. As per the statement of the doctor, the victim was examined by him on 04.11.2023. On that date, he did not find any abnormality. It is next contended that no subsequent medical report is available in the case diary. The applicant has joined the investigation. The applicant has no criminal antecedents. It is next submitted that the investigation is pending. In case the applicant is granted anticipatory bail, he will not misuse the said liberty.

6. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the first information report was lodged belatedly, as per the statement of the doctor, the victim was examined by him on 04.11.2023. On that date, he did not find any abnormality, pursuant to interim order dated 23.06.2025 the applicant has joined the investigation, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA and counsel for the informant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

8. In the event of arrest, the applicant Akshay Sharma, involved in the aforesaid case crime 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 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 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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant 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.

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

10. The application stands disposed of. Order Date :- 22.7.2025 Sachin Mishra SACHIN MISHRA High Court of Judicature at Allahabad

2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State, Sri Anil Kumar Pandey, counsel for the informant and perused the material placed on record.

3. This application has been filed seeking anticipatory bail in Case Crime No. 175 of 2024, under sections 498A, 323, 307, 313, 354B, 504, 506 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, P.S. New Agra, District Agra.

4. The applicant was granted interim anticipatory bail vide order dated 23.06.2025 by the co-ordinate Bench of this Court. The order is quoted herein below;- "Sri Anil Kumar Pandey, Advocate appears on behalf of respondent no. 2. He prays for and is allowed three week's time to file counter affidavit. Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicants involved in the aforesaid crime be released on interim anticipatory bail till the next date fixed on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of interim bail and pass orders in accordance with law. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuses the liberty of interim bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the Court on the date fixed in such proclamation then the trial court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant 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 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of interim bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of interim bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Put up this case as a fresh case on 22.07.2025. In the meantime, learned A.G.A may also file counter affidavit. In failure to comply this order, the interim anticipatory bail granted to the applicant shall stand cancelled and he shall be taken into custody forthwith."

5. Learned counsel for the applicant submits that pursuant to the interim order dated 23.06.2025, the applicant has furnished bail bonds. It is next contended that the applicant has been falsely implicated in the present case. The informant-victim is the wife of the applicant. The first information report was lodged belatedly. As per the statement of the doctor, the victim was examined by him on 04.11.2023. On that date, he did not find any abnormality. It is next contended that no subsequent medical report is available in the case diary. The applicant has joined the investigation. The applicant has no criminal antecedents. It is next submitted that the investigation is pending. In case the applicant is granted anticipatory bail, he will not misuse the said liberty.

6. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the first information report was lodged belatedly, as per the statement of the doctor, the victim was examined by him on 04.11.2023. On that date, he did not find any abnormality, pursuant to interim order dated 23.06.2025 the applicant has joined the investigation, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA and counsel for the informant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

8. In the event of arrest, the applicant Akshay Sharma, involved in the aforesaid case crime 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 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 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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant 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.

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

10. The application stands disposed of. Order Date :- 22.7.2025 Sachin Mishra SACHIN MISHRA High Court of Judicature at Allahabad