Neutral Citation No. - 2025:AHC-LKO:27475 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2235 of 2024 Applicant :- Mithun Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others Counsel for Applicant :- Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sagar Singh, the learned counsel for the applicant as well as Ms. Nikita Mishra, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.378 of 2022, under Section 376-D I.P.C., registered at Police Station Kotwali, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.05.2022 against four persons, including the applicant that the accused persons had stayed in the informant's house in the night of 09.03.2022. They made her consume some laddus, after which all of them fell unconscious and they committed theft of about 100 grams jewelry and Rs.28,000/- from the almirah. The informant further stated that while she was in semiconscious condition both the accused persons molested her. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. After investigation a charge sheet has been submitted against the accused persons under Sections 380, 354, 376 I.P.C. on 19.01.2023 and against the applicant only offence under Section 380 I.P.C. was stated therein. The applicant has been granted anticipatory bail in this case under Section 380 I.P.C. by means of an order dated 20.05.2023, passed by Sessions Judge, Unnao. Subsequently, Section 376-D, 354-A and 320 I.P.C. have been added against the applicant and this application has been filed seeking anticipatory bail in the added sections. The other co- accused person Bauwa @ Veer Singh has already been granted anticipatory bail under Section 376-D I.P.C. by means of an order dated 03.10.2024, passed in Criminal Misc. Anticipatory Bail Application No.2245 of 2024. 5. A supplementary affidavit has been filed on behalf of the applicant disclosing the applicant's involvement in another case in which a notice under Section 41-A Cr.P.C. has been given to him. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has already been granted anticipatory bail in the present case by means of an order passed by Sessions Judge; that after investigation some sections have been added which sections have also been alleged against other accused person, and that person has already been granted anticipatory bail by this court and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Mithun Singh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (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. . (Subhash Vidyarthi, J.) Order Date :- 9.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench