HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8413 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Surya Bhan Dubey, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record. 2. Present application has been moved seeking anticipatory bail in Case Crime No. 364 of 2006, under Sections 376, 323, 506 IPC, Police Station Sirauli, District Bareilly with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant as the first information report is of the year 2006 alleging therein the applicant committed rape on the victim on the false pretext of marriage. It is further submitted that after investigation final report was submitted and on the protest petition filed by the first informant, cognizance was taken by the learned Magistrate. It is submitted that the applicant moved this court by filing a petition being Matters Under Article 227 No. 8830 of 2025 wherein a co-ordinate Bench of this Court granted interim relief from arrest for 30days or till disposal of the discharge application, whichever is earlier vide order dated 11.8.2025. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the Versus Counsel for Applicant(s) : Surya Bhan Dubey Counsel for Opposite Party(s) : G.A. Abid Beg .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the matter pertains to the year 2006 and non-bailable warrants have been issued against the applicant. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per the allegation in the FIR, the applicant is said to have committed rape on the victim on the false pretext of marriage and the applicant moved this court by filing a petition being Matters Under Article 227 No. 8830 of 2025 wherein a co-ordinate Bench of this Court granted interim relief from arrest for 30days or till disposal of the discharge application, whichever is earlier vide order dated 11.8.2025. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Abid Beg involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 not tamper with evidence and that he would appear NABAIL No. 8413 of 2025 2 before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 29, 2025 Abhishek NABAIL No. 8413 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad