Neutral Citation No. - 2025:AHC:43088 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1418 of 2025 Applicant :- Akash Sharma Alias Joni Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Singh,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.,Swarn Kumar Yadav Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned counsel for the informant; learned AGA for the State and perused the material placed on record. 2. This anticipatory bail application has been moved seeking bail in Case Crime No. 673 of 2024, under Sections 69, 89, 351(2) B.N.S., P.S. Bisrakh, District Gautam Buddh Nagar, during pendency of the trial. 3. It is alleged in the F.I.R. that informant is a widow lady having three children. The applicant developed contact with informant and made physical relationship, thereafter the informant became pregnant. Counsel for the applicant submits that applicant has been falsely implicated in the present case. The applicant and victim/informant are major and relationship between them were consensual. The F.I.R. allegation is false and baseless and not supported by any evidence. The applicant challenged the F.I.R. before this Court by filing Crl. Misc. Writ Petition No.23927 of 2024 and the Co-ordinate Bench of this Court vide order dated 06.01.2025 dismissed the writ petition on behalf of the applicant and entertained the petition on behalf of petitioners no. 2 to 4. The investigation is going on against the applicant. Instant F.I.R. has been lodged only to pressurize the applicant. The applicant has no criminal history. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned AGA and counsel for the informant vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. It is next submitted that in para-19 the applicant has used unwarranted language against the informant. The informant is handicapped lady and mother of three children. On false promise of marriage, the applicant made physical relationship with informant. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted. 5. Considered the argument raised by counsel for the parties. The informant is major and mother of three children. Prima facie, on perusal of F.I.R., informant was in consensual relationship with applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 6. Let the applicant Akash Sharma @ Joni Sharma, who is involved in the aforesaid crime, be released on anticipatory bail till the submission of police report under Section 193(3)(i) B.N.S.S. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously, as early as possible. 9. The application stands allowed. Order Date :- 24.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad