Neutral Citation No. - 2025:AHC-LKO:21434 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2727 of 2024 Applicant :- Sarvesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. Heard Sri Shailendra Kumar, learned counsel for the applicant and Sri Alok Kumar Tiwari, the learned A.G.A. By means of the instant application, the applicant is seeking anticipatory bail in F.I.R./Case Crime No. 158 of 2024 under Sections 376, 323, 504, I.P.C., Police Station Sareni, District Raebareli. In the aforesaid case, on 16.12.2024 this Court had granted interim anticipatory bail to the applicant by the following order: "1. Heard learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State. 2. At the very outset, learned counsel for the applicant has requested that he may be permitted to implead informant/ complainant as opposite party no.2 during the course of the day. 3. Considering the aforesaid request, learned counsel for the applicant is permitted to implead the informant/ complainant as opposite party no.2 with complete details during the course of the day. 4. Let notice be issued to the newly impleaded opposite party no.2 returnable at an early date. 5. Steps within a week. Office to proceed accordingly. 6. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.158 of 2024, under Sections 376, 323 & 504 IPC, Police Station - Sareni, District - Raebareli. 7. Attention has been drawn by the learned counsel for the applicant towards Annexure No.7 of the application, which is an order dated 20.06.2024 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.4148 of 2024, Sarvesh Yadav Vs. State of U.P. and Others, granting interim order to the applicant. Pursuant to the aforesaid order of the Division Bench, the present applicant participated in the investigation and charge sheet has been filed on 02.07.2024. Learned Trial Court took cognizance of the charge sheet on 14.11.2024. Learned counsel has stated that even as per allegation of the FIR, physical relation appears to be consensual relation and the applicant and the prosecutrix, both, were in relation for the last six years. Even the medical examination report does not substantiate the allegations. The present applicant is having no prior criminal history of any kind whatsoever. He undertakes that he shall cooperate in the trial proceedings in the same manner as he has cooperated in the investigation, therefore, his liberty may be protected till conclusion of the trial in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98. 8. Per contra, learned AGA has opposed the aforesaid prayer of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant. 9. Without entering into merits of the issue; considering the arguments of the learned counsel for the parties; other material available on record; the fact that the applicant was given interim protection by the Division Bench of this Court; he has cooperated in the investigation; charge sheet has been filed and undertaking of the applicant that he shall cooperate in the trial proceedings, I find it appropriate that liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra). 10. Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter. 11. List in the week commencing 27.01.2025 within top ten cases. 12. Till the next date of listing, it is directed that in the event of arrest, applicant- Sarvesh Yadav shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- 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 in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; V. that the applicant shall not pressurize/ intimidate the prosecution witness; VI. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted." In spite of expiry of a period of about 4 months no counter affidavit has been filed in opposition of the bail application. As no material has come to light which may persuade this court to take a view other than the view taken while passing the interim order dated 16.12.2024, the interim order dated 16.12.2024 is hereby made absolute. Learned counsel for the applicant states that the applicant has already furnished bail-bonds in compliance of the interim order dated 16.12.2024. The application is allowed in terms of the interim order dated 16.12.2024. (Subhash Vidyarthi, J.) Order Date :- 16.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench