Neutral Citation No. - 2025:AHC-LKO:49546 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 72 of 2024 Applicant :- Sushil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Of Home Deptt. Lko. And Another Counsel for Applicant :- Prabhat Kumar Mishra,Chetan Kumar Tiwari Counsel for Opposite Party :- G.A.,Anil Kumar Rajvanshi 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.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in F.I.R./Case Crime No. 370 of 2024 under Sections 115(2), 352, 64 BNS 2023 Police Station Krishna Nagar, District Lucknow. This Court vide order dated 4.10.2024 has passed the following order granting interim anticipatory bail to the applicant:- "Vakalatnama filed by Shri Anil Kumar Rajvanshi, Advocate on behalf of the complainant is taken on record. The present application has been filed by the applicant Sushil Kumar seeking anticipatory bail in Case Crime No.370 of 2024 under Sections 115(2), 352, 64 BNS 2023 Police Station Krishna Nagar, District Lucknow. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. In the prosecution case, it is alleged that the victim came to Lucknow for treatment of her father-in-law at KGMU. It is alleged that she stayed at the house of the applicant. In the night of 16.1.2024 she went to use the washroom where the applicant raped her. After giving alarm, her husband came and when he tried to rescue her, the applicant started beating and abusing the victim and her husband. Learned counsel for the applicant submits that the applicant is 43 years old having two sons. The victim is his relative, aged about 33 years having daughter, aged about 13 years and has son of five years. The prosecution story is highly improbable that she was raped in the house where the applicant and the victim both were residing with their family members and also with the father-in-law of the victim. The fact of the matter is that this was a consensual relationship going on for more than three years and when the husband of the victim caught them in compromising position the FIR was lodged. The applicant has no criminal history. He further submits that the investigation in this case is going on. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. Learned Addl. Government Advocate has opposed the bail prayer. Perused the record. On due consideration to the submissions advanced, prima facie lack of corroborative evidence in the prosecution case and also fact that the applicant has no criminal history and improbable story of the prosecution 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. 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 arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and she will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and 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. List on 25.10.2024. In the meantime, learned A.G.A. as well as learned counsel for the complainant shall file objections/counter affidavit." Learned A.G.A. has opposed the anticipatory bail application. Without expressing any opinion on the merits of the case and considering the nature of accusation and that there is nothing on record to show that the applicant has not cooperated in the investigation, the anticipatory bail application is disposed of in terms of the aforesaid order. Order Date :- 22.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench