Neutral Citation No. - 2025:AHC-LKO:48879 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3041 of 2023 Applicant :- Sukhwant Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Nd Another Counsel for Applicant :- Ajai Kumar Shukla,Abdul Shahid,Kamlesh Kumar Counsel for Opposite Party :- G.A.,Shashank Singh Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.0627 of 2023, under Sections 376D, 377, 342, 420, 406, 323, 504 I.P.C., registered at Police Station Nighasan, District Kheri. . Case called out. None appears on behalf of the applicant. Learned AGA is present. The coordinate Bench of this Court while granting interim protection to the applicant vide order dated 28.02.2023 has passed the following order:- "1. Heard Sri Ajai Kumar Shukla, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned Additional Government Advocate appearing on behalf of the State and Sri Shashank SIngh, learned counsel for the informant and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0627 of 2023, under Sections 376D, 377, 342, 420, 406, 323, 504 I.P.C., registered at Police Station Nighasan, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.11.2023 against the applicant and one Palvinder Singh stating that the co-accused blackmailed the informant with some morphed photographs and demanded money. The informant paid Rs.18 Lakh in several installments. She further stated that she was called in a hotel on 11.03.2021 where both the accused persons raped her and prepared the video of the incident. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. It has further been stated in the affidavit that the informant was in a relationship with accused persons and money was transferred both ways. In support of this contention, a photograph of the bank account statement of co-accused, Palvinder Singh is annexed, which contains several entries of transfer of amounts from the bank account of co- accused to the bank account of the informant. It has further been stated that the informant herself had gone to the hotel and booked a room with co-accused Palvinder Singh and a copy of the visitor register of the hotel has been annexed with the affidavit. 6. The matter requires consideration. 7. Learned A.G.A. as well as learned counsel for the informant may file counter affidavits within a period of 10 days. 8. List in the week commencing 08.01.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations of demand of money has been leveled against the co- accused, Palvinder Singh; that from the bank account statement of Palvinder Singh, it appears that he always used to transfer money from the informant's bank account; that the informant was involved with co-accused Palvinder Singh in booking hotel room and that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting interim anticipatory bail to the applicant. 10. As an interim measure, it is provided that in the event of arrest/ appearance of applicant-Sukhwant Singh before the learned Trial Court in the aforesaid case crime, he shall be released on interim anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; (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 pressurize/ intimidate the prosecution witness;" Learned A.G.A. has informed the Court that a charge sheet has been filed. However, he has failed to show that the applicant has misused the liberty earlier granted by this Court. Considering the fact that the applicant has cooperated during the investigation and has further undertaken to cooperate in the trial, the interim protection granted by this Court vide order dated 22.12.2023 is made absolute, in view of the law laid down by the Hon’ble Apex Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC OnLine SC 98. In view of the aforesaid, the application is allowed. Order Date :- 20.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench