HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8520 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0277 of 2024, under Sections 376, 323, 504, 506 I.P.C., Police Station - Chaubepur, District - Varanasi. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the victim belongs to the same family. A property dispute exists between the parties with regard to the ancestral property. In the first information report and in the statement of the victim under Section 161 Cr.P.C., there is no allegation of rape against the applicant. However, an exaggerated version has been narrated in the statement of the victim under Section 164 Cr.P.C. to aggravate the offence and save the failing prosecution case. It is submitted that the said statement is an afterthought. Investigation has been completed. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 12.11.2024 passed in Criminal Misc. Anticipatory Bail Application No.10243 of 2024. The applicant had cooperated in the investigation. Charge-sheet has been filed. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Raj Kumar Sharma, Sanjay Kumar Sharma Counsel for Opposite Party(s) : G.A. Kishan Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that there are major inconsistencies in the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., investigation has been completed; during the course of investigation, the applicant was granted anticipatory bail till submission of police report; the applicant had cooperated in the investigation; charge sheet has been filed; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Kishan Mishra, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 make himself available on each date fixed in the matter 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. October 17, 2025 Manish Kr NABAIL No. 8520 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad