Neutral Citation No. - 2025:AHC-LKO:27626 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 443 of 2025 Applicant :- Vishal Kumar Kushwaha @ Vishal Kushwaha Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prem Prakash Singh, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate-I appearing on behalf of the State, Sri Sanjai Kumar Singh, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0108 of 2025, under Sections 376, 506 I.P.C., Section 3(2)(v) SC/ST Act, 1989 and Section 67 of Information Technology Act, 2008, registered at Police Station Chinhat Lucknow East (Commissionerate Lucknow), District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.03.2025 against the applicant and another accused person Jyoti stating that the informant had met the applicant on 20.12.2023 and an affinity developed between them. The applicant made physical relations with the informant at his home on 27.01.2024 under the allurement of marrying her and he clicked some obscene photos of the informant. The fact of making physical relations by the applicant with the informant was in the knowledge of family members of both the persons but when the informant asked the applicant to marry her, he avoided the same. The applicant stopped talking to informant since 10.01.2025 saying that she belongs to scheduled caste. The informant also alleged that the applicant threatened to spread her obscene photographs virally. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is a young man aged 25 years, he is innocent, he has no criminal history and he has falsely been implicated in the present case. It has also been submitted on behalf of the applicant that the applicant had filed Criminal Misc. Writ Petition No.2720 f 2025 challenging the validity of the F.I.R. but the writ petition has been dismissed as withdrawn by means of an order dated 04.04.2025. 5. The learned A.G.A.-I has opposed the prayer for bail and he produced a copy of relevant extracts of case diary for perusal of the court. 6. In the statement recorded under Section 180 BNSS the victim reiterated the F.I.R. version. A copy of whatsapp communication between the applicant and the informant has been produced before the Investigating Officer as per which the applicant has expressed her desire to live with the informant on 10.01.2025, but on 13.01.2025 he stated that he would live with the co-accused person Jyoti. 7. In the statement of the informant recorded under Section 183 BNSS she stated that she is aged about 25 years, she knows the applicant through instagram since the year 2019. They are in a relationship since 20.12.2023 and the applicant has made physical relations with her on 3-4 occasions under the allurement of marrying her but thereafter he declined to marry her stating that she belongs to scheduled caste. She stated that after this the applicant started spending time with co-accused Jyoti, who herself sated that the applicant is her husband for the past 10 years. 8. The medico legal examination of the informant does not reveal anything of significance. 9. The learned A.G.A.-I has submitted that the investigation is still pending. 10. The learned counsel appearing on behalf of the informant has also opposed the anticipatory bail application and he has submitted that the applicant has physically exploited the informant under the allurement of marrying her and he has threatened to spread her obscene photos virally. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has stated her aged to be 25 years and that she was in a relationship with the applicant since the year 2019 and she has been making physical relations with the applicant since the year 2023 and it appears that since inception of their relations in the year 2019 the informant was major; that there is nothing on record to show that since inspection the applicant has the intention to cheat the informant and it is possible that he may have parted ways after their relations turned sour 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. 12. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Vishal Kumar Kushwaha @ Vishal Kushwaha 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 :- 12.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench