Neutral Citation No. - 2025:AHC-LKO:27165 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 428 of 2025 Applicant :- Mithun Rana (In Adhar Card Mithun) Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Aman Kumar Srivastava, the learned counsel for the applicant, Sri Anurag Verma, the learned AGA-I appearing on behalf of 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. 84 of 2025, under Sections 87, 70(1), 351(2) BNS, Police Station Tikonia, District Lakhimpur Kheri.. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.04.2025 against the applicant, his father, mother and brother, stating that the applicant and his brother Ram Chandra both went to the informant's house and enticed away the informant's sister with the assistance of their parents. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, while she was alone at her home on 05.04.2025, the applicant and his brother Ram Chandra came there at about 07:00 p.m. and took her away. Both of them raped her and thereafter declined to marry her. She came back on 19.04.2025 on her own and thereafter she came to get her statement recorded. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. The ultrasound examination report shows no abnormality detected. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she is aged 18 years, she used to talk to the applicant's brother co-accused Ram Chandra for the past two years; that the applicant and his brother both had taken her away to their home where both of them made physical relations with her. She stayed in the applicant's home since 05.04.2025 till 19.04.2025. 7. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 8. The learned A.G.A.-I has opposed the anticipatory bail application and he has submitted that the victim has categorically stated that the applicant had raped her. He has submitted that the investigation of the case is still pending and the applicant is not entitled to be granted anticipatory bail at this stage. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim was allegedly taken away on 05.04.2025 and the FIR has been lodged on 11.04.2025 and there is no explanation for the delay in lodging the FIR; the victim has stated that she was in a relationship with the applicant's brother co-accused Ram Chandra for the past two years and she stayed in the applicant's house since 05.04.2025 till 19.04.2025; although the victim has alleged commission of rape by the applicant and his brother, the allegation is not supported by the findings of the medico legal examination report, coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Mithun Rana (In Adhar Card Mithun) 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 :- 8.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench