Neutral Citation No. - 2025:AHC:31575 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1790 of 2025 Applicant :- Uvaid Alias Bhola Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Santosh Kumar Singh, counsel for the informant and Sri V. P. Tripathi, learned A.G.A. for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in S.S.T. No.59 of 2025, arising out of Case Crime No. 577 of 2024, under Sections 333, 64 B.N.S. and 3/4 POCSO Act, Police Station Didauli, District- Amroha, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the statement of the victim under Sections 180 B.N.S.S. and 183 B.N.S.S. the age of the victim was 22 years. It is contended that the applicant and the first informant/victim were in consensual relationship for several years. The consensual sexual relationship which if continued between the parties for a considerable period of time could not be said to have continued under the 'misconception of fact' under Section 28 B.N.S. and could not be said to be 'rape' under Section 63 B.N.S. No offence under Section 64 I.P.C. is made out against the applicant. The applicant never promised to marry the victim. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Prashant vs. State of NCT of Delhi, arising out of S.L.P. (Crl.) No. 2793 of 2024 decided on 20.11.2024. Further, during the course of investigation, the applicant was granted protection till the submission of charge sheet by this Court vide order dated 11.12.2024 passed in Criminal Misc. Writ Petition No. 22635 of 2024 (Uvaid @ Bhola vs. State of U.P. and 2 others). The investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the victim in her statement under Sections 180 B.N.S.S. and 183 B.N.S.S. had stated that she was 22 years. The applicant and the victim were in consensual relationship for several years, the consensual sexual relationship which if continued between the parties for a considerable period of time could not be said to have continued under the 'misconception of fact' under Section 28 B.N.S. and could not be said to be 'rape' under Section 63 B.N.S. During the course of investigation, the applicant was granted protection by this Court till the submission of charge sheet. Investigation has been completed. The applicant had cooperated in the investigation and no custodial interrogation is required. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Uvaid Alias Bhola, 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. Order Date :- 5.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad