Neutral Citation No. - 2025:AHC:19691 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1063 of 2025 Applicant :- Saddam @ Mohammad Zaheen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Shri Neeraj Kumar Sharma, learned A.G.A. for the State. Perused the record. 2. The instant application under Section 482 of B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 118 of 2023, under Sections 376, 506 I.P.C., Police Station Kotwali, District Aligarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report and the material collected during the course of investigation, the applicant and the first informant/victim were in consensual relationship for almost six years. It is contended that the consensual sexual relationship which if continued between the parties for a considerable period of time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. No offence under Section 376 I.P.C. is made out against the applicant. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Prashant vs. State of NCT of Delhi, S.L.P. (Crl.) No. 2793 of 2024 decided on 20.11.2024. Further, during the pendency of investigation, the applicant was granted protection by this Court till submission of police report vide order dated 12.07.2023 passed in Criminal Misc. Writ Petition No. 9114 of 2023 (Saddam vs. State of U.P. and 2 others). The investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the applicant and the victim were in consensual relationship for more than six years, the consensual sexual relationship which if continued between the parties for a considerable period of time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. During the pendency of investigation, the applicant was granted protection by this Court till submission of police report vide order dated 12.07.2023. Investigation has been completed. The applicant had cooperated in the investigation and no custodial interrogation is required. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Saddam @ Mohammad Zaheen, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 11.2.2025/Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad