Neutral Citation No. - 2025:AHC:21282 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1150 of 2025 Applicant :- Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Vijaya Shankar Shukla Counsel for Opposite Party :- G.A.,Surendra Nath Tripathi Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Surendra Nath Tripathi, counsel for the informant, Sri Anupam Anand, learned brief holder for the State- opposite party and perused the material placed on record. 2. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 395 of 2024, under Sections 87, 64, 115(2), 352, 351(3), 127(4) of B.N.S., Police Station- Milak, District- Rampur. 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 in the statement of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S., the allegation of rape has been levelled against the co-accused, Bablu Shah. After investigation, final report was submitted in favour of the applicant on 08.11.2024. Pursuant to the order of the Circle Officer, Milak, Rampur, further investigation has been directed. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned brief holder and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that as per the allegations in the first information report and in the statement of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S., the allegation of rape has been levelled against the co-accused, Bablu Shah, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Guddu, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 14.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad