HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10823 of 2025 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Sri Prakhar Saran Srivastava, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. for the State and perused the material brought on the record. 2. The present anticipatory bail application has been filed on behalf of the applicant to enlarge him on the anticipatory bail in Case Crime No.523 of 2023, under Sections 323, 504, 506, 452, 354ख, 376 I.P.C. and Section 7/8 of POCSO Act, Police Station- Cantt, District- Varanasi. 3. Learned counsel for the applicant states that he has been falsely implicated in the present case. The applicant and the mother-in-law of the opposite party no. 2 have a civil dispute and an Original Suit No. 686 of 2022 (Narendra Nath Singh vs. Shobha Devi and others) has been filed against the mother-in-law of the opposite party no. 2. The applicant has moved an impleadment application in the said original suit. The applicant has a criminal history of eight cases in which Case Crime No. 71 of 2024 under Section 323, 504 and 506 IPC, the FIR has been lodged by the aunt of the informant's husband. The other criminal cases including Case Crime No. 399 of 2024, 488 of 2018 relate to offences which have been lodged at the behest of the informant's husband. He further contends that a perusal of the statement under Section 164 Cr.P.C. would not make out any offence under Section 376 IPC. The co-accused Ajit Kumar Srivastava Alias Chulbul has been granted anticipatory bail by this Court Versus Counsel for Applicant(s) : Pradeep Kumar Rai, Prakhar Saran Srivastava Counsel for Opposite Party(s) : G.A. Prakash Anand Rao .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) vide order dated 11.02.2026. The case of the applicant he contends, stand on a similar footing. 4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail, however could not dispute the fact that similarly situated co-accused Ajit Kumar Srivastava @ Chulbul has been granted anticipatory bail by this Court. 5. I have considered the facts and circumstances of the case and the submissions made by learned counsel for the parties. 6. The First Information Report has been lodged for offences under Section 323, 504, 506, 452, 354ख IPC. There were no allegations of rape levelled in the FIR. Later, the prosecution case has developed to include a sexual assault on the minor daughter of the informant. A perusal of the statement under Section 164 Cr.P.C. of the minor daughter of the informant and that of the informant herself, in the prima facie opinion of the Court, do not make out the offence of rape. Even otherwise, considering the fact that there is a civil dispute pending between the applicant and the mother-in-law of the informant and another case being Case Crime No. 71 of 2024, which has been lodged by the aunt of the informant's husband against the applicant, a case for grant of anticipatory bail is made out. The co-accused has also been granted anticipatory bail by this Court and in view of the facts and circumstances discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail. 7. In view of the above, the anticipatory bail application of the applicant is allowed. 8. In the event of the arrest of the applicant- Prakash Anand Rao, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; NABAIL No. 10823 of 2025 2 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; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 9. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. March 18, 2026 Kirti NABAIL No. 10823 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad