Neutral Citation No. - 2025:AHC-LKO:17636 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 279 of 2025 Applicant :- Mohammad Shoeb @ Soeb @ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Secy. Lko. And 3 Others Counsel for Applicant :- Sayyed Farooq Ahmad,Saurabh Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sayyed Farooq Ahmad, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State and Sri Anand Kumar Srivastava, the learned counsel for the informant. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 280/2024, under Sections 87, 352, 351(3), 70(1) B.N.S., Police Station Maalipur, District Ambedkar Nagar. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.11.2024 at 18:10 hrs. against four named persons, including the applicant and an unknown person, stating that the informant's sister was visiting her maternal aunt's home at Ambedkar Nagar since 27.10.2024. While she was stitching clothes outside the house at about 11:00 a.m. on 01.11.2021, co- accused Mohd. Kaif enticed her away with assistance of co- accused persons. The victim returned on her own and in her statement recorded under Section 180 B.N.S.S. on 07.11.2024, she stated that co-accused Mohd. Kaif had called her under pretext of some work by making a phone call and when she went to Mohd. Kaif, all the accused persons forcibly made her sit in a vehicle, gagged her mouth with cloths and made her drink something, whereafter she lost consciousness. She alleged that they had forced themselves. The victim stated her age to be 24 years. In the medico legal examination report of the victim no sign of use of force or mark of injury was found on her body. The pathological examination report mentions absence of spermatozoa in vaginal swabs. 4. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that while she had gone behind her maternal aunt's home at about 11:00 a.m. on 01.11.2021, the other three named co-accused persons came there and forcibly put her in a vehicle. They made her drink something due to which she remained unconscious. They kept her in a car for about 2-3 days and they raped her. Thereafter, those persons dropped her at Faizabad station and she returned home on herself. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. A copy of the relevant extracts of case diary annexed with the bail application shows that the Investigating Officer has recorded the after perusal of CCTV footage and collecting other evidence, involvement of co-accused Muddasar alias Pappu and an unknown person, could not be established. He has submitted a charge sheet has been submitted against co-accused Mohd. Kaif and Adil and investigation against the applicant is pending. 7. The learned AGA-I has opposed the anticipatory bail application and he has submitted that the investigation against the applicant is still pending. The learned counsel for the informant has also opposed the anticipatory bail application. However, the learned counsel for the respondents could not give any satisfactory reply to the query of the Court that when the Investigating Officer has recorded that involvement of co- accused Muddasar and an unknown person could not be established by examining the CCTV footage, whether involvement of the applicant has been found to be established by examination of the CCTV footage. 8. Having considered the aforesaid facts and circumstances of the case, particularly the fact that the victim has not named the applicant in her statement recorded under Section 183 B.N.S.S., I am of the view that the aforesaid facts are sufficient for making out a case for granted anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Mohammad Shoeb @ Soeb @ Sonu 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 :- 27.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench