Neutral Citation No. - 2025:AHC:23997 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1294 of 2025 Applicant :- Gajendra Goyal Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material placed on record. 2. This application under section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 427 of 2020, under Section 376 IPC, Police Station Jagdishpura, District Agra. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case due to certain other dispute between the parties. The first information report was lodged against the applicant under Sections 354(ka), 504, 506 IPC. In the first information report and in the statement of victim under Sections 161 Cr.P.C. and 164 Cr.P.C. she had stated that the applicant acted indecently with her. The charge sheet was submitted against the applicant on the same sections. The applicant was granted bail by the court concerned on 27.08.2020. During the course of trial, the victim was examined as PW-1. In the said statement the victim levelled allegation of rape against the applicant, consequently, section 376 IPC was added. It is contended that the said statement is an after thought and has made to aggravate the offence to save the failing prosecution. There is contradiction in the statement of the victim under Section 164 Cr.P.C. and during the course of trial. The said contradictions discredit the prosecution case. The applicant had co-operated with the investigation. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that there is contradiction in the statement of the victim under Section 164 Cr.P.C. and during the course of trial. The said contradiction at this stage discredits the prosecution case. The applicant has been contesting the trial proceedings. No custodial interrogation is required. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Gajendra Goyal, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 19.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad