HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2200 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The applicant has moved the present application praying for grant of anticipatory bail in 28/2022, under Section 376 IPC, P.S. Patti, District Pratapgarh. 2.Heard learned counsel for the applicant who has filed supplementary affidavit today in court, which is taken on record, and learned A.G.A. for the State. I have also perused the report of court below and the order dated 1.9.2025 passed by this court. A perusal of the order date 1.9.2025 shows that the order was passed ex parte. On due consideration to the submission advanced, perusal of the order as also keeping in view the judgment in Vishnu Agarwal versus State of U.P. AIR 2011 SC 1232, application No.2 of 2025 is allowed and the order dated 1.9.2025 not extending the order dated 24.9.2024 is recalled. 3.This Court while giving interim protection has passed the following order on 24.9.2024: "The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 28/2022, under Section 376 IPC, P.S. Patti, District Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that the victim on the pretext of providing job has been duped and has Versus Counsel for Applicant(s) : Rakesh Kumar Modanwal Counsel for Opposite Party(s) : G.A. Sandeep Kumar Yadav @ Sandeep .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 2 Others .....Opposite Party(s) been raped by the accused. Learned counsel for the applicant submits that statements of the victim recorded under Section 161 and 164 Cr.P.C. are at variance. While giving statement under Section 164 Cr.P.C., the victim has made improvement. The victim is a married lady and is 15 years elder than the present applicant. The applicant gave an application to Superintendent of Police, Pratapgarh who directed the concerned officer to conduct an inquiry. The inquiry conducted by the police shows that the victim of her own accord went away with the applicant. After few days, she returned her home. There is an old enmity between the victim and the accused and due to that enmity, the FIR has been lodged. The applicant has no criminal antecedents. Learned counsel for the applicant submits that the applicant has cooperated in the investigation and further undertakes to cooperate in the trial. Two weeks' time is granted to the learned AGA to file objections/ counter affidavit. Issue notice to respondent No.3. List on 22.10.2024. On due consideration to the fact that there was old enmity between the applicant and the victim; in the inquiry conducted by the police, it has come that the victim of her own accord went away with the applicant; since, charge sheet has been filed, no useful purpose will be served by sending the accused behind the bars, so also the fact that undertaking given on behalf of the applicant that he shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. ABAIL No. 2200 of 2024 2 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly. November 20, 2025 kkb/ ABAIL No. 2200 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench