Neutral Citation No. - 2025:AHC:10790 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12418 of 2024 Applicant :- Shahnavaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party no. 1, and Sri Deepak Singh, learned counsel for the informant, and perused the material placed on record. 2. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 705 of 2024, under Sections 64, 333, 115(2), 352, 351(2) B.N.S., Police Station Amroha Nagar, District J.P. Nagar (Amroha). 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the informant-victim were in consensual relationship since more than two years. The first information report was lodged on 18.11.2024. The consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 28 B.N.S. and could not be said to be 'rape' under Section 69 B.N.S. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned Brief Holder and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant and the informant-victim were in consensual relationship since more than two years and the first information report was lodged on 18.11.2024, 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. 7. 7. In the event of arrest, the applicant- Shahnavaj be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 22.1.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad