Neutral Citation No. - 2025:AHC-LKO:16499 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2096 of 2024 Applicant :- Ram Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Manohar Lal Syal,Kapil Dev Chaubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the records. 2. By means of this application, the applicant is seeking anticipatory bail in Case Crime No.752 of 2007 under Sections 376(2) G and 506 I.P.C., Police Station Kasimpur, District Hardoi. 3. The applicant was granted interim anticipatory bail by means of the following order passed on 11.09.2024:- "Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. Issue notice to respondent no.2. Steps be taken within a week. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.752 of 2007 under Sections 376(2) G and 506 I.P.C., Police Station Kasimpur, District Hardoi. It is alleged that FIR has been lodged on the application moved under Section 156(3) Cr.P.C. It is alleged that at about 10.00 a.m. the accused persons Prem Babu and Ramchandra stuffed a cloth into the mouth of the victim and committed rape upon her. The victim is the daughter of the informant. It is alleged that rape was committed. Learned counsel for the applicant submits that during investigation he was not arrested. After investigation, charge-sheet has been filed against the co-accused Prembabu and the applicant got exonerated, however, during trial he has been summoned under Section 319 Cr.P.C. to face trial under Section 376(2)G and 376 (2)(g) and 506 IPC. Learned counsel for the applicant submits that against the summoning order he has filed writ petition under Section 482 Cr.P.C. wherein the proceedings were stayed in relation to the accused Ramchandra. The file got separated and numbered as 118A and S.T. No.118 of 2008 vide judgement and order dated 17.4.2009. Learned counsel for the applicant submits that he has no criminal history. No useful purposed will be solved in sending the applicant behind the bars. The applicant was not arrested during investigation. Learned A.G.A. has opposed the bail prayer and prays for two weeks' time to file Counter Affidavit. On due consideration to the facts that the applicant has cooperated in the investigation and his name was dropped while filing the charge- sheet, he was not arrested during investigation, he further undertakes to cooperate in the trial, as also 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, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C till the next date of listing. Till the next date of listing, it is provided that in the event of arrest, 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 concerned with the following conditions:- 1. that the applicant shall not leave India without the previous permission of the court; 2. that the applicant shall not pressurize/ intimidate the prosecution witness; 3. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 4. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the anticipatory bail. Such other reasonable conditions which the learned trial court may deem fit may be imposed. List on 3.10.2024." 4. Although, learned AGA has prayed for two weeks time to file counter affidavit on 11.09.2024, no counter affidavit has been filed till date. 5. The office has reported that opposite party No.2 was served notice of the bail application on 01.10.2024, but the opposite party No.2 has also not filed any counter affidavit. 6. In view of the aforesaid facts, there is no ground for this Court to take a view different from the view taken while passing the interim order dated 11.09.2024. Accordingly, the interim anticipatory bail granted to the applicant by means of an order dated 11.09.2024 is made absolute and this anticipatory bail application stands allowed in terms of the aforesaid interim order. [Subhash Vidyarthi,J.] Order Date :- 21.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench