Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1042 of 2025 Applicant :- Shivam Yadav @ Kaushlendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Home Lko. And 4 Others Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. As per the instructions of the learned A.G.A., notice has been served upon the complainant. However, none has appeared on behalf of the complainant. The present anticipatory bail application has been filed in Case Crime/FIR No. 372 of 2024, under Sections 70(2), 126(2), 115(2), 352, 351(2) BNS, Sections 5/6 of the POCSO Act, and Section 3(2)(v) of the SC/ST Act, Police Station Lalganj, District Raebareli. As per the prosecution case, it is alleged that the daughter of the informant went along with her cousin brother Krishna and sister Anjali on a motorcycle to Baleshwar Mandir. After returning from the temple, near a brick field, she was allegedly molested and beaten by the named accused along with other co- accused persons. Learned counsel for the applicant submits that in the First Information Report, as well as in the statements recorded under Section 180 BNSS, all the three victims have not made any allegation of rape against the applicant or even the co-accused persons. It is further submitted that for the first time in the statement recorded under Section 183 BNSS, general allegations of rape have been levelled. One of the victims, while giving her statement under Section 183 BNSS (Annexure-6 to the bail application), also alleged that a video was made while committing the alleged gang rape. It is further submitted by learned counsel for the applicant that the applicant undertakes to comply with all conditions imposed by this Court, cooperate fully with the investigation, and not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for anticipatory bail. Perused the record. Since the alleged offence has been registered under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, the provisions of Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly bar the grant of anticipatory bail in respect of such offences. In view of the statutory prohibition, this Court is of the considered opinion that the present application for anticipatory bail is not maintainable. Accordingly, the application is dismissed as not maintainable. Order Date :- 18.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench