Neutral Citation No. - 2025:AHC:14358 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 711 of 2025 Applicant :- Abid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of statement of the victim under Sections 180 and 183 BNSS produced by learned AGA for the State, are taken on record. 2. Heard learned counsel for the applicant Sri V.P.Tripathi, learned AGA for the State and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 631 of 2024, under Section 81 B.N.S. now converted into Section 69 BNS, Police Station Quarshi, District Aligarh. 4. Learned counsel for the applicant submits that the incident is alleged to have occurred on 13.07.2024. The first information report was lodged on 27.07.2024. The delay is fatal to the prosecution case. The victim was a married lady. The victim was never in a position to marry the applicant. She could not be said to have acted under the alleged false promise given by the applicant or under the misconception of fact while giving the consent to have sexual relationship with the applicant. In support of his submissions, counsel for the applicant has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Naim Ahamed v. State (NCT of Delhi), 2023 0 Supreme(SC) 77. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that the first information report was lodged belatedly, the victim was a married woman, she could not be said to have acted under the alleged false promise given by the applicant or under the misconception of fact while giving the consent to have sexual relationship with the applicant, 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- Abid be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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. 9. 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. 10. 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. 11. 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. 12. The application stands disposed of. Order Date :- 31.1.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad