Neutral Citation No. - 2025:AHC-LKO:41905 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 862 of 2025 Applicant :- Chandan Kumar @ Guddu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shailendra Kumar,Shwetabh Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shailendra Kumar Shukla, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State. 2. In view of the proposed order, notice to opposite party no.2 is hereby dispensed with. 3. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.0021 of 2025, under Sections 342 & 376(D) of IPC, Police Station- Khairighat, District- Bahraich. 4. Learned counsel for the applicant has drawn attention of this Court towards Annexure No.3 of the application, which is an FIR dated 04.06.2024 for the alleged incident dated 03.06.2024 wherein no allegation of rape has been levelled. For the same incident, an application under Section 156 (3) Cr.P.C. has been filed and pursuant to the order being passed by the Magistrate, the impugned FIR has been lodged on 17.01.2025 on the allegations of gang rape. Thereafter, statements of the prosecutrix have been recorded under Sections 180 & 183 BNSS wherein allegation of rape against the present applicant is intact. The prosecutrix denied for medical examination. Learned counsel has stated that if any offence of rape was committed with the prosecutrix, such specific allegation should have been levelled against the present applicant in the first FIR, which was lodged on 04.06.2024. Having ill motive, an application under Section 156(3) Cr.P.C. has been filed. 5. Learned AGA has opposed the aforesaid anticipatory bail application by submitting that this is a case where prosecution story starts from FIR till recording of statements under Sections 180 & 183 BNSS and the allegations are intact so far as allegation of rape is concerned. Learned AGA has stated that if the first FIR is perused and the version of learned counsel for the applicant is given weightage, even then the present applicant has committed offence against the prosecutrix. If the allegation of rape was further developed, the same may be ascertained during the course of the trial. Learned AGA has informed that there are two criminal cases against the present applicant, which have not been explained in the anticipatory bail application. 6. I find substance in the objection so raised by Sri Hari Shankar Maurya, learned AGA, to the effect that in the first FIR and in the second FIR, the allegation of assault and beating has been levelled against the present applicant by the prosecutrix. Therefore, this case may not be, prima facie, a case of false implication. The aforesaid allegations so raised in the first FIR and in the second FIR may be tested during the course of the trial. Had it been the case of regular bail, those points could have been considered but in the anticipatory bail application, those points may not convince the Court to grant anticipatory bail. 7. Accordingly, this anticipatory bail application is rejected. 8. However, the applicant may very well approach the learned Trial Court to file his regular bail application and if such regular bail application is filed, the same may be heard and disposed of with expedition. [Rajesh Singh Chauhan,J.] Order Date :- 22.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench