Neutral Citation No. - 2025:AHC-LKO:4171 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2774 of 2024 Applicant :- Neeraj Kumar @ Neeraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anil Kumar Tiwari,Amaresh Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.362 of 2018 under sections 366, 354, 506, 376D I.P.C., P.S. Bihar, district Unnao. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State.None appears for private respondent who is although served. 3.Learned counsel for the applicant submits that in compliance of order dated 18.12.2024, the applicant has been released on anticipatory bail. It is submitted that the statements of the victim under sections 161 and 164 CrPC are at variance. The prosecution case lacks corroborative evidence. The co-accused Akash alias Ashwani Kumar Yadav who was assigned similar role has been granted anticipatory bail vide order dated 3.9.2024 passed in Anticipatory Bail No.1273 of 2024. The applicant has no criminal history. Age of victim in the radiological examination has been found as 20 years. Learned counsel for the applicant undertakes that the applicant shall further cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, varied statements of the victim under sections 161 and 164 CrPC, lack of corroborative evidence, judgment of Supreme Court in Mahdoom Bava vs. CBI passed in SLP (Crl.) No. 376/2023, 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, the order dated 18.12.2024 passed by this court is affirmed. 6. The application is allowed accordingly. Order Date :- 22.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench