Neutral Citation No. - 2025:AHC:86774 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1376 of 2024 Applicant :- Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Srivastava,Surya Nath Bhatt Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Despite service of notice none has appeared on behalf of informant even in the revised list. 2. Rejoinder affidavit filed today is taken on record. 3. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 4. The present application has been moved seeking anticipatory bail in Case Crime no. 309 of 2017, under Sections 376, 323 I.P.C., Police Station Alapur, District Budaun, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 5. Learned counsel for the applicant submits that after hearing both the parties and considering the fact that charge sheet has been filed in this matter, this Court vide order dated 15.03.2024 granted interim bail to the applicant. Learned counsel further submits that in her statement recorded under Section 164 Cr.P.C. the victim has clearly stated that sexual relations were made between her and the applicant on their own consent. Thus, learned counsel submits that applicant has been falsely implicated in the case. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the proceedings of trial and would obey all conditions of bail. 6. Learned A.G.A. has vehemently opposed the application for anticipatory bail. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Hasan, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of court concerned with the following conditions :- (i) The applicant shall attend the court proceedings as and when required. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) The applicant shall cooperate during trial and would not misuse the liberty of bail. 11. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 22.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad