Neutral Citation No. - 2025:AHC-LKO:7846 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 39 of 2024 Applicant :- Aditya Dhiman @ Anshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Dilip Kumar Pandey Counsel for Opposite Party :- G.A.,Shivam Mishra Hon'ble Shree Prakash Singh,J. Case called out. No one is present for the opposite party no. 2/complainant. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 377 of 2024, under Sections 69, 115(2), 352, 351(3) of BNS, P.S. Mil Area, District Raebareli. From perusal of the order sheet, it appears that on 20.9.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- " Vakalatnama filed by Shri Shivam Mishra on behalf of complainant is taken on record. Heard learned counsel the applicant, learned A.G.A. for the State-respondent and learned counsel for the complainant. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.377/2024, under Sections 69, 115(2), 352, 351(3) of BNS, P.S. Mil Area, District Raebareli. In the prosecution case it is alleged that victim is in physical relationship with the applicant for the past two years. They are having relationship just like husband and wife. It is further alleged that accused is making physical relationship with her on the pretext of marriage. It is also alleged that on 25.07.2024 at about 09:30 the accused came to the house of the victim and made physical relationship with her. Learned counsel for the applicant submits that allegation of rape is not in the F.I.R. Physical relationship is admitted by the victim. Victim is major and married lady which is evident from the perusal of the statement of her mother and sister. While giving statement under Section 164 Cr.P.C. improvement has been made by the victim. No video as alleged in the prosecution case has been recovered. Prosecution case lacks corroborative evidence. Learned counsel for the applicant undertakes to cooperate in the investigation. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail application. They pray for and are granted two weeks' time to file counter affidavit. List on 01.10.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that victim is major and married lady, statement of the victim given under Section 164 Cr.P.C., lack of corroborative evidence and the applicant is undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant. 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 arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. " Learned State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Aditya Dhiman @ Anshu till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 6.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench