Neutral Citation No. - 2025:AHC-LKO:23891 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 364 of 2025 Applicant :- Sachin Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.,Pawan Kumar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajat Pratap Singh, learned counsel for the applicant, Shri Pranesh Kumar Sinha, learned A.G.A. for the State, Shri Pawan Kumar Pandey, learned counsel for the informant and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.31 of 2025 under Sections 74, 115(2), 352, 70(1) B.N.S. & 3(2)(5)/3(1)(द,ध) registered at Police Station- Itaunja, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.03.2025 against the applicant, Saurabh Yadav and an unknown person stating that the informant's daughter aged 20 years is a student of LL.B.-III year. On 03.03.2025, the applicant called the informant's sister to the college canteen at about 03:00 PM. The named accused person abused her, snatched away her mobile phone and deleted some photos and videos. They also hurled castist abuses and beat her up. The informant's sister somehow snatched away her mobile phone and reached the railway crossing and the accused persons beat her up at that place also and went away. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she stated that she is aged 20 years and is pursuing sixth semester of LL.B. course. She developed a friendship with her classmate (the applicant) since first semester and they got close. They made physical relations for a period up to two years. The applicant had allured to marry her. Some objectionable photos of the victim with the applicant were in her mobile phone and some recording and chats were also there. When the informant asked to marry her, the applicant started keeping distance from her. When she threatened to disclose her relationship to her family members, the incident was given effect to. The victim further stated that the applicant forcibly dragged her amongst the bushes near a railway track and made physical relations with the assistance of co-accused Saurabh. The victim has not been examined medically. 5. In the statement of the informant recorded under Section 183 B.N.S.S., she reiterated her earlier version but she further added that the applicant and Saurabh dragged her towards the railway track. Saurabh threatened her with a knife and the applicant raped her while co-accused Saurabh had caught hold of her. She stated that she remained admitted to a hospital for two days. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 years having no criminal history and he has been falsely implicated in the present case. 5. Learned A.G.A. as well as the learned counsel for the informant have opposed the anticipatory bail application and they have submitted that the victim fully supported the case against the applicant. The offence committed by him is heinous in nature, the investigation is still going on and, therefore, the applicant is not entitled to be released on bail. 6. The learned A.G.A. informed that no papers regarding admission and treatment of the victim in a hospital for two days are available in the case diary. 7. Although it is recorded in the case diary that the victim was medically examined and her medico-legal examination report has been perused by the Investigating Officer, the findings of the medico-legal examination report are not mentioned in the case diary from which prima facie it appears that no adverse findings have come to light in the medico-legal examination report of the victim. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has alleged that the applicant forcefully snatched away her phone and deleted some photographs, recordings and chats from that phone, she has not disclosed the nature of that material which has been deleted by the applicant; the victim has stated that she is in a relationship with the applicant for the past 2 years and they had made physical relations from which it appears that the victim herself had saved some obscene material on her phone which would have been harmful for the applicant; the findings of the victim's medico-legal examination are not available on case diary and there is not material to support that she has remained admitted to a hospital for two days and that the applicant is a young man having no criminal history, I am of the view that the applicant is entitled to be released on anticipatory bail. 9. Accordingly, this anticipatory bail application stands allowed. 10. In the event of arrest/appearance of applicant- Sachin Pandey before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 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 :- 25.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench