HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2108 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Case called out. None appears for the applicant. Learned A.G.A. for the State is present. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case No.51963 of 2024 arising out of Case Crime No.56 of 2019, under sections 376, 323, 506, 504 I.P.C., P.S. P.G.I., District Lucknow. This Court vide order dated 12.9.2024 has passed the following order granting interim anticipatory bail to the applicant:- " 1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case No.51963 of 2024 (crime No.56 of 2019) under sections 376, 323, 506, 504 I.P.C., P.S. P.G.I., district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the applicant intoxicated the daughter of the informant when she went to the Beauty-Parlour. Due to intoxicant, her daughter became unconscious. After two days of the incident, the victim of occurrence again went to the Beauty-parlour where, the applicant has allegedly shown objectionable photographs and video of her daughter. It is further alleged that on 10.7.2018, her daughter was forcibly taken by the applicant at some place where he married with Versus Counsel for Applicant(s) : Arun Kumar Gupta, Sushil Kumar Gupta Counsel for Opposite Party(s) : G.A. Shailesh .....Applicant(s) State Of U.P. Thru. Secy. Home Civil Sectt. Lko And 3 Others .....Opposite Party(s) her. 4.Learned counsel for the applicant submits that no objectionable video or photograph of the victim has been recovered by the investigating officer. During investigation, the applicant was not arrested. He filed a Misc. Bench petition No.2294 of 2019 Shailesh and another versus State of U.P and others where the victim was summoned by a Division Bench of this Court. The victim has admitted the marriage, photographs and also the fact that the messages were exchanged between both of them. She has also admitted the marriage certificate. It is submitted the victim was a consenting party. Maliciously, the applicant has been made accused by lodging the first information report. In her statement under section 164 CrPC, although the victim has alleged committing rape by co-accused Dhirendra, however, the investigating officer has dropped the name of Dhirendra while filing charge sheet by disbelieving the statement of the victim. 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 but could not dispute the argument advanced by learned counsel for the applicant. 6.Issue notice to respondent Nos. 3 and 4. 7.List on 3.10.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit. 8.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the undertaking given on behalf of the applicant that he will cooperate in the trial, the applicant was not arrested during investigation and he has cooperated therein, as also judgment of Supreme Court in Mahdoom Bava vs. CBI passed in SLP (Crl.) No. 376/2023 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C. 9.In view of the above, it is provided that in the event the applicant surrenders before the court concerned within 20 days from today, 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. 10.The applicant shall cooperate in the trial and he will not influence the witnesses. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, the trial court shall proceed in accordance with law. " Learned A.G.A. submits that charge-sheet in the case has already been filed. ABAIL No. 2108 of 2024 2 There is nothing on record to show that the applicant has not cooperated in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by this Court vide order dated 12.9.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. September 1, 2025 Shravan ABAIL No. 2108 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench