Neutral Citation No. - 2025:AHC-LKO:25528 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 397 of 2025 Applicant :- Khairu @ Govind @ Govind Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Santi,Riazul Haque Ansari,Rizwanul Haque Ansari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Priyanka Yadav, Advocate, holding brief of Shri Riazul Haque Ansari, the learned counsel for the applicant, as well as Sri Anurag Varma, learned Additional Government Advocate-I for the State, and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.079 of 2025, under Section 64/351(2) B.N.S., registered at Police Station Neemgaon, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.03.2025, stating that when the informant had gone to attend the call of nature in a field outside the village about four months ago, the applicant threatened her with a country-made pistol and raped her. He took her photographs and threatened to put the same on social media sites and under this threat, he called her several times and made physical relations with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., the victim stated that she is a married woman aged 20 years and she reiterated her earlier version. 5. The medico-legal examination report of the victim reveals no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her previous version. She stated that the applicant has committed the misdeed against her on 4-5 occasions and on one occasion he committed it inside her home. She stated that her husband stays away from home and she resides alone with her children. The applicant has raped her by threatening to kill her daughter aged 3 years. 7. In the affidavit filed in support of bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he has been falsely implicated in the present case. 8. The applicant has undertaken to cooperate with the investigation as well as trial. 9. The learned Additional Government Advocate-I has opposed the anticipatory bail and submitted that the victim has categorically stated about the applicant having raped her by showing a country-made pistol and threatening to kill her three years old daughter. The allegations are serious in nature and the applicant should not be granted anticipatory bail. He has further submitted that the investigation is still pending. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is a 20 years old married woman having children and the FIR has been lodged four months after the alleged incident; that although the victim has alleged that the applicant had taken her obscene photo and threatened her to put the same on social medical sides, it appears that no such video/photo has come to light till this stage of investigation; that the medico-legal examination report does not reveal any mark of injury or sign of use of force; that the applicant is a young man having no criminal history and he has undertaken to cooperate during investigation as well as during trial, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 11. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/appearance of applicant- Khairu @ Goving @ Govind Singh 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 his personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. (Subhash Vidyarthi, J.) Order Date :- 2.5.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench