Neutral Citation No. - 2025:AHC:32444 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1177 of 2025 Applicant :- Shivram Kaushik Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh,Shivendra Singh Bhadauria Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Vakalatnama, filed by Sri Satyam Narayan, Advocate on behalf of the informant, is taken on record. 2. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 3. Heard learned counsel for the applicant as well as learned A.G.A. for the State and Sri Satyam Narayan, counsel for the informant. Perused the material placed on record. 4. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.176 of 2024, under section 376, 323, 506 I.P.C., P.S. Brahmpuri, District Meerut. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the victim were in consensual relationship for almost three years. The consensual relationship that continued between the parties for quite a long 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. 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, arising out of S.L.P. (Crl.) No. 2793 of 2024 decided on 20.11.2024. Further, during the course of investigation, the applicant was granted anticipatory bail till submission of police report vide order dated 15.7.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6557 of 2024. The investigation has been completed. The applicant had co-operated in the investigation. Charge-sheet has been filed. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. It is next contended that 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. 6. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that the applicant and the informant were in consensual relationship for almost three years, the fact that the consensual sexual relationship which if continued between the parties for 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., the fact that during the course of investigation, the applicant was granted anticipatory bail till submission of police report, the fact that 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. 8. In the event of arrest, the applicant Shivram Kaushik, 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 and every 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. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 6.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad