Neutral Citation No. - 2025:AHC-LKO:16606 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 344 of 2025 Applicant :- Abhishesh Kumar @ Abhishek Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Sachindra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sachindra Dwivedi, the learned counsel for the applicant and Sri Ambrish Verma, the learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicants on anticipatory bail in Case Crime No. 0352/2023, under Sections 452, 376D, 323, 504, 506 IPC, P.S. Jhangirabad, District Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 14.12.2023 against the applicant, his wife Smt. Shalini Sharma and the informant's brother-in-law Pradumn Sharma, stating that the applicant and Praduman Sharma entered the informant's house at about 6 p.m. on 13.12.2023 and they assaulted her with sticks, iron rods and bricks and both of them raped her and videographed the incident. Earlier these co- accused persons had committed offence against the informant and Case Crime No. 85/2023 under Section 354 I.P.C. is registered at Police Station Jahangirabad in this regard. After the incident, the accused persons went back. The informant dialed 100 and gave information of the incident to the police. Meanwhile all the accused persons again started beating the informant. She closed the door of her house and thus saved her. On the next day when the informant came out for going to the police, the accused persons again assaulted her with sticks inflicting injuries upon her. 4. In the affidavit filed in support of the application, it has been stated that the applicant is an innocent having no criminal history and he has been falsely implicated in the present case. Besides FIR No.85 of 2023, the applicant has no criminal history. 5. Learned AGA has opposed the bail application. Learned AGA has produced a copy of the relevant extract of case diary for perusal of the court. In the statement of the informant recorded under Section 161 Cr.P.C., she reiterated the FIR version. In the medico legal examination report of the informant, abrasion marks have been reported on both knees and above right elbow joint. Abrasion marks was present on forehead also. No other injury has been reported in the medico legal examination report. Pathological examination report of vaginal smear mentions absence of spermatozoa. 6. Co-accused Smt. Shalini Sharma has been granted anticipatory bail by means of an order dated 20.03.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/S 428 Cr.P.C. No.337 of 2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant has alleged that all the accused persons repetitively assaulted her with sticks, iron rods and bricks, the only injuries reported in the medico legal examination report are some abrasions, which cannot be related to assaults made by sticks, iron rods or bricks; that the allegations of gang rape is not supported by the findings of medico-legal examination report and that the co-accused Smt. Shalini Sharma has already been granted bail by this Court, I am of the view that the aforesaid facts are sufficient for making out a case for granted anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Abhishesh Kumar @ Abhishek Kumar before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (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 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. . [Subhash Vidyarthi, J.] Order Date :- 24.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench