Neutral Citation No. - 2025:AHC-LKO:27169 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 433 of 2025 Applicant :- Haleem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko And Another Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Raman Mishra, 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. 190/2024, under Sections 64(1), 115(2), 352, 351(3) B.N.S., Police Station Ranipur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.08.2024 at 17:54 hours by wife of the applicant's younger brother, stating that because of some mutual dispute, the applicant abused and assaulted the informant at about 02:00 p.m. on 16.08.2024 and he tore away her clothes. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant entered her home, molested her and tore away her clothes and slapped her. Thereafter, he went out of the room and went to the terrace. 5. Initially the informant declined to undergo medico legal examination. In the statement of the informant recorded under Sections 183 B.N.S.S., she alleged that the applicant had raped her. Thereafter the informant was examined medically but the findings of the medico legal examination report did not support the allegation of commission of rape. 6. 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, because of some matrimonial dispute between the informant and the applicant's younger brother. A settlement was entered into between them on 24.07.2024 wherein the applicant's brother had agreed to pay maintenance expenses to the informant. 7. The learned A.G.A.-I has opposed the prayer for bail. However, he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 01.10.2024. However, the learned AGA-I has produced the relevant extract of case diary, which reveals that no spermatozoa was found in the scientific examination of vaginal smear slide. 8. Having considered the aforesaid facts and circumstances 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. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Haleem Khan 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