Neutral Citation No. - 2025:AHC-LKO:45205 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 850 of 2025 Applicant :- Raseed @ Abdul Raseed Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. And Another Counsel for Applicant :- Raj Kumar Singh,Ravi Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.84 of 2014 under sections 376-D, 506 I.P.C., P.S. Chanda, district Sultanpur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with in view of the proposed order. 3.It is alleged in the prosecution case that the named accused have committed rape on her at 11.00p.m. on 24.12.2013 and further that they have threatened not to lodge any complaint. Learned counsel for the applicant has filed certified copy of order dated 3.1.2023 passed by Addl. District & Sessions Judge/FTC-I, Sultanpur under section 319 CrPC, by which the applicant has been summoned. The order notices the statement of P.W.1 and P.W.2 on the basis of which summoning has been made. It is submitted on behalf of the applicant that the victim has given her statement under sections 161 and 164 CrPC. The investigating officer during investigation has collected affidavit of independent witnesses favouring the applicant. While filing charge sheet, name of the accused applicant was dropped. Charge sheet was filed on 20.8.2014. During trial, an application under section 319 CrPC was moved by the prosecution for summoning the applicant on the basis of the statement given by P.W. 1 and P.W.2. 4.A perusal of order dated 3.1.2023 which is taken on record, shows that more or less same allegation has been levelled by the victim as was stated by her before the investigating officer under sections 161 and 164 CrPC. It is submitted that during trial, an application was moved by the co-accused Jamalu and Salim under section 53A read with section 164 ACrPC for conducting DNA test of the prosecutrix along with clothes of the prosecutrix allegedly worn by her at the time of the incident. However, the prosecutrix has denied consent for DNA test. it is a case of false implication and only to injure the reputation and harass the applicant, he has been summoned. No purpose will be served in sending the applicant in jail. The applicant has no criminal antecedent. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, charge sheet was filed in 2014, there is lack of corroborative medical evidence, the victim has denied to give DNA sample, coupled with the fact that the applicant has no criminal history, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. Order Date :- 5.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench