Abid Ali vs State Of U.P. Thru. Prin. Secy. Home ...

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 469 of 2026

Abid Ali

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s)

:

Ashish Kumar

Counsel for Opposite Party(s)

:

G.A., D.P. Dutt Tiwari, Shiv Shyam Tiwari

Court No. - 13

HON'BLE MANISH KUMAR, J.

1. Case has been called in the revised list.

2. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.

3. Heard learned counsel for the applicant and learned AGA for the State.

4. The present anticipatory bail application under Section 438 Cr.P.C./ 482 BNSS has been filed by the accused-applicant who is apprehending his arrest in connection with Case Crime No. 0145 of 2025, under Sections 69, 352 of BNS, 2023 (old Sections 504 IPC) and Section 3/4 of D.P. Act, Police Station Shivratanganj, District Amethi.

5. Learned counsel for the applicant has submitted that this Court has granted ad-interim anticipatory bail by passing order dated 16.03.2026, for convenience, the order is quoted hereinbelow:-

"1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. The present anticipatory bail application has been filed by the applicant in relation to Case Crime No. 0145 of 2025, under Sections- 69, 352 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Shivratanganj, District- Amethi.

3. While pressing the instant application, the learned counsel for the applicant stated that the applicant is innocent and he has not committed any crime.

4. Further submission is that if the allegations levelled in the FIR in issue, basis of pending criminal proceedings, against the applicant which are to the effect that on the pretext of false promise of marriage the applicant established physical relations with the victim/complainant are taken on its face value then in that eventuality, the possibility of conviction of applicant is bleak in view of law settled by the Hon'ble Apex Court in the judgment(s) rendered in the case of Deepak Gulati vs. State of Haryana, (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another, (2021) 7 SCC; Mandar Deepak Pawar vs. State of Maharashtra and Another, 2022 SCC OnLine SC 2110, Amol Bhagwan Nehul vs. State of Maharashtra and another, 2025 SCC OnLine SC 1230 and Pramod Kumar Navratna versus State of Chattisgarh and others, 2026 INSC 124.

5. Considering the aforesaid and also the case of prosecution against the applicant indicated in the FIR and also the judgments, referred above, this Court finds that the applicant is entitled to interim protection.

6. Accordingly, as an interim measure it is provided that in the event of arrest, the accused-applicant- Abid Ali be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties (one of family member/close relative) each in the like amount to the satisfaction of Station House Officer of the Police Station concerned/Court concerned with the following conditions:-

(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;

(ii) That the accused-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 him from disclosing such facts to the court or to any police officer; and

(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

7. Issue notice to the opposite party No. 2. Steps in this regard be taken within four working days.

8. Let the the opposite party No. 2 be also informed by the SHO concerned regarding pendency of the instant case.

9. Learned AGA is directed to communicate this order to the SHO concerned forthwith and place the proof regarding the information given by the S.H.O. concerned to the complainant/victim by way of an affidavit when the case is listed next.

10. List/put up this application on 27.03.2026 within top 20 cases."

6. Learned counsels for the respondent no. 2 are neither present nor any request has been made on their behalf for adjournment of this case.

7. Learned AGA on the basis of instruction received has submitted that there is nothing new brought in the instruction to oppose the anticipatory bail on the grounds on which ad-interim anticipatory bail was granted by this Court.

8. Upon due consideration of the submission made by learned counsel for the parties, the ad-interim bail granted to the applicant is hereby confirmed and the present anticipatory bail application is allowed in terms of order dated 16.03.2026 while extending anticipatory bail to the applicant - Abid Ali till disposal of the trial, the applicant shall appear before the court concerned and furnish bail bonds and sureties to the satisfaction of the trial/concerned Court/Investigating Officer, subject to the following conditions :-

(i) that the applicant shall make himself available for interrogation by a police officer as and when required and shall not abscond;

(ii) that 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 him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(iii) that the applicant shall not leave India without the previous permission of the court;

(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

(v) that the applicant shall not pressurize/intimidate the prosecution witness.

9. In case of default, it would be open for the Investigating Agency to move application for vacation of this order.

(Manish Kumar,J.)

May 7, 2026

Nitesh