Neutral Citation No. - 2025:AHC-LKO:37351 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 728 of 2025 Applicant :- Sachin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in FIR/ Case Crime No. 38/2024, under Sections 363 I.P.C., P.S. Kotwali Nanpara, District Bahraich. Heard learned counsel the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. Learned counsel for the applicant submits that the applicant was not arrested during the course of investigation. No specific allegation has been made by the prosecutrix in her statement recorded under Section 161 Cr.P.C. However, certain improvements were made in her subsequent statement recorded under Section 164 Cr.P.C. It is further submitted that the charge sheet has already been filed and the name of co-accused Anil, against whom similar allegations were levelled, has been dropped. Learned AGA has opposed the anticipatory bail application. Perused the record. A prima facie case under Section 363 I.P.C. is made out from a perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C. The said offence carries a maximum sentence of seven years. In such circumstances, it cannot be said that there is any apprehension of arrest, particularly in view of the settled law laid down by the Hon’ble Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No. 5191 of 2021. The anticipatory bail application is devoid of merit and is hereby rejected. However, it is provided that in case the applicant files a regular bail application within a period of ten days from the date of receipt of a certified copy of this order, the same shall be considered and decided in accordance with the law laid down by the Hon’ble Supreme Court in the aforesaid judgment dated 07.10.2021 in Satender Kumar Antil (supra). Order Date :- 2.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench