Neutral Citation No. - 2025:AHC-LKO:17086 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 271 of 2025 Applicant :- Umesh Opposite Party :- State Of Up Thru. Principal Secy. Home Lko. And Another Counsel for Applicant :- Suresh Kumar Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Suresh Kumar Yadav, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.107 of 2025, under Section 70(1) of B.N.S. registered at Police Station- Mohammadpur Khala, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2025 against four persons, including the applicant, stating that on 14.07.2024, when the informant had gone to attend the call of nature on the river bank, co-accused Dinesh and Dileep met her there. They took her to residence of Dileep. Thereafter, Dinesh took her to Dhanwalia from where the other co-accused Kuldeep took her to Fatehpur. Ultimately, Dinesh committed misdeed with her in a group and thereafter, he took her to the house of his sister where she stayed for two months. During this period, Dinesh repeatedly raped her. From there, the applicant took the informant and kept her with him for five to six months and committed misdeed with her. The applicant dropped her back at Qaiserbagh Bus Stand, and thereafter she came back to her home. The informant stated her age to be nineteen years. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person having no criminal history and he has been falsely implicated in the present case. 5. A supplementary affidavit has been filed by the applicant annexing therewith the copies of the statement of the informant recorded under Sections 180 and 183 BNSS wherein she has reiterated her earlier version. Similar statement was given by the victim before the doctor also during her medico-legal examination. However, no mark of injury or sign of use of force has been reported during medico-legal examination. 6. The learned A.G.A.-I has vehemently opposed the bail application and on the basis of written instructions provided to him, he has submitted that the information of the present anticipatory bail application has been delivered to the victim through the police. He has submitted that the applicant is accused of commission of gang rape which is a serious offence and the applicant could not be granted anticipatory bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that informant is major; that she has stated that she stayed with the applicant for a period of five months without any resistance and the applicant himself dropped her back coupled with the fact that the applicant is having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of arrest/ appearance of applicant- Umesh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a 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 himself 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 :- 25.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench