HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1655 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No. 46 of 2025, Under Sections 74, 75(2), 352, 351(3) B.N.S, Police Station Udaipur, District Pratapgarh. 2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. As per the statement of learned A.G.A, notice has been served upon opposite party no. 2, but none is present on behalf of the complainant. 3. Learned A.G.A for the State has opposed the bail application and submits that the applicant filed an application under Section 482 Cr.P.C/528 B.N.S.S No. 1146 of 2025 (Ramu versus State of U.P and others), wherein it was prayed on behalf of the applicant that he may be permitted to approach the learned trial court. On this prayer, a direction was issued to the learned trial court to decide the bail application. Instead of moving the regular bail application, the applicant has filed an anticipatory bail application. 4. Learned counsel for the applicant submits that in view of the liberty granted by the court, an anticipatory bail application was moved by the applicant with a prayer for interim bail. The anticipatory bail application was rejected on merits. 5. Learned counsel for the applicant submitted that the allegation in the prosecution case is false. The F.I.R has been registered after a delay of 22 days. In the F.I.R, the alleged incident is said to have been committed by the accused/applicant in the field whereas, in the statement of the victim recorded under Section 180 B.N.S.S, the incident is said to have occurred on road, whereas, in the statement of the victim recorded under Section 183 B.N.S.S, further improvement has been made and the incident is said to have occurred Versus Counsel for Applicant(s) : Ajai Kumar Shukla Counsel for Opposite Party(s) : G.A. Ramu @ Ramu Verma .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) on the road outside the village. The victim has refused to undergo medico- legal examination. He further submits that the applicant has no previous criminal history. The applicant's counsel undertakes on behalf of the applicant that the applicant shall cooperate in the trial. 6. Learned Additional Government Advocate has opposed the prayer made by applicant's counsel. 7. Considering the above aspects of the matter, perusal of the record, the fact that there appears to be improvement made by the victim in the prosecution case, the fact that the F.I.R has been lodged after 22 days of unexplained delay coupled with the fact that the victim is major and she refused to undergo medico-legal examination, prima facie, the statement of the victim does not inspire confidence, the fact that chargesheet has already been filed, the undertaking given on behalf of the applicant that he shall cooperate in the trial as also considering the judgment of Hon'ble Supreme Court in the case of Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 8. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. 9. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 10. In case of default, it would be open for the trial court to proceed in accordance with law. 11. The application is allowed accordingly. November 6, 2025 DiVYa NABAIL No. 1655 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench