Neutral Citation No. - 2025:AHC:36411 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 745 of 2025 Applicant :- Yogesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Afsana,Zafeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.509 of 2023, under Sections 376, 377, 323, 341 I.P.C., Police Station Trans Yamuna, District- Agra, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Earlier the informant lodged a first information report against the applicant on 22.10.2023, registered as Case Crime No.0577 of 2023, under Sections 427, 506, 504, 323 I.P.C., Police Station Etmaddaula, District Agra. In the said case the applicant has been granted bail by the court concerned. In order to further harass the applicant the present F.I.R. has been lodged. It is next contended that the applicant and the first informant/victim were in consensual relationship for more than eight 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 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. No offence under Section 376 I.P.C. is made out against the applicant. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Prashant vs. State of NCT of Delhi, arising out of S.L.P. (Crl.) No. 2793 of 2024 decided on 20.11.2024. Further, during the course of investigation, the applicant was granted protection by this Court vide order dated 31.01.2024 passed in Criminal Misc. Writ Petition No. 775 of 2024 (Yogesh Tomar vs. State of U.P. and 3 others). The investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The criminal history of the applicant has been explained in paragraph no.51 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that the applicant and the victim were in consensual relationship for more than eight 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 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. During the course of investigation, the applicant was granted protection by this Court vide order dated 31.01.2024. Investigation has been completed. The applicant had cooperated in the investigation and no custodial interrogation is required. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Yogesh, 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 make himself available on each date fixed in the matter by the court concerned; (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; (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 concerned court. 7. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 12.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad