Neutral Citation No. - 2025:AHC:13281 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10975 of 2024 Applicant :- Rohit Chaubey Alias Kaushal Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- Udai Prakash Deo Pandey,G.A. Hon'ble Vivek Varma,J. 1. Copy of the statement of the victim under Sections 180 BNSS and 183 BNSS produced by learned AGA for the State, are taken on record. 2. Case called out in the revised list. Learned counsel for the informant is not present. 3. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 4. The instant application under Section 482 of B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 87 of 2024, under sections 376, 452, 313, 506 I.P.C., Police Station Jugail, District Sonbhadra. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Placing reliance on the statement of the victim under Section 183 BNSS, it is contended that the applicant and the victim were in consensual relationship for more than five years. The consensual sexual relationship which if continued between the parties for a considerable period of time could not be said to have continued under the 'misconception of fact' under Section 90 IPC and could not be said to be 'rape' under Section 375 IPC. No offence is made out against the applicant. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 6. Learned A.G.A. has 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, in particular, the fact that the applicant and the victim were in consensual relationship for a considerable period of time. The said relationship could not be said to have continued under the misconception of fact under Section 90 IPC and could not be said to be 'rape' under Section 375 IPC, 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 Rohit Chaubey, 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 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 him from disclosing such facts to the court or to any police officer; (iii) the applicant shall not leave the country during the pendency 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) in case, the applicant misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98. 9. The application stands disposed of. Order Date :- 24.1.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad