Neutral Citation No. - 2025:AHC:28406 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1712 of 2025 Applicant :- Tushar Bhardwaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babboo Ram,Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of statement of the victim under Sections 180 and 183 BNSS produced by learned AGA for the State, are taken on record. 2. Heard learned counsel for the applicant, Sri V.P.Tripathi, learned AGA for the State and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 335 of 2024, under Sections 328, 376 IPC, Police Station Badalpur, District Gautam Budh Nagar. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Earlier, the husband of the informant-victim lodged an FIR against co-accused Praveen Bhardwaj on 02.05.2024 under Sections 384, 506 IPC and Section 67a of I.T.Act, Police Station Badalpur, District Gautam Budh Nagar with regard to an incident dated 25.03.2024. In the said FIR and in the statement of the informant-victim to the police, there is no allegation of rape against the applicant. In the said case, after investigation, cognizance has been taken by the court concerned and charge sheet has been filed. Subsequent thereto, the present FIR has been lodged against the applicant and co-accused Praveen Bhardwaj. In the instant FIR and in the statement of the informant- victim under Sections 181 and 183 BNSS, entirely different version has been narrated. No indecent video has been collected by the Investigating Officer. The instant FIR has been lodged only for the purposes of harassment. No such incident had occurred. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that earlier, the husband of the informant-victim lodged an FIR against co- accused Praveen Bhardwaj, in the said FIR and in the statement of the informant-victim to the police, there is no allegation of rape against the applicant, subsequent thereto, the present FIR has been lodged against the applicant and co-accused Praveen Bhardwaj, in the instant FIR and in the statement of the informant-victim under Sections 181 and 183 BNSS, entirely different version has been narrated, no indecent video has been collected by the Investigating Officer, at this stage there is no credible evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Tushar Bhardwaj be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 him 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. 9. 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. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 28.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad