HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2092 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.81/2024, under Sections 376/323/504/506 I.P.C., P.S. Gangaghat, District Unnao. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The Co-ordinate Bench of this Court vide order dated 10.09.2024 while granting interim protection to the applicant has passed the following order:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 81/2024, under Sections 376/323/504/506 I.P.C., P.S. Gangaghat, District Unnao. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that the applicant on the pretext of marrying her in future made physical relationship and further refused to marry her and upon protesting, she was beaten and abused. Learned counsel for the applicant submits that FIR is delayed by 22 years. The applicant is a retired employee. He is 61 years old and the victim is 46 years old. It has been further submitted that there is no corroborative evidence against the applicant. It is also submitted that during investigation, he has not been arrested. Charge sheet in the matter has been filed. He has cooperated in the investigation and further undertakes to cooperate in the trial. Versus Counsel for Applicant(s) : Dheeraj Awasthi Counsel for Opposite Party(s) : G.A. Shri Ram Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lucknow .....Opposite Party(s) Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 25.09.2024. On due consideration to the fact that the FIR has been lodged after 22 years; the applicant is 61 years old; the applicant has cooperated in the investigation and further undertakes to cooperate in the trial; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (1) The applicant shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicant will remain present on each and every date fixed by the trial court. (3) The applicant shall not leave India without previous permission of the Court. " 4. Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 10.09.2024, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. 5. Learned A.G.A. has vehemently opposed the bail application. 6. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he ABAIL No. 2092 of 2024 2 shall cooperate in the trial, the interim protection granted by this Court vide order dated 10.09.2024 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 7. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 8. In view of the aforesaid, the application is allowed. September 4, 2025 Saurabh Yadav/- ABAIL No. 2092 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench